问题 问答题

2009年玉才公司发生如下部分业务:
(1)因购货向浩然公司签发了一张汇票,金额记载为20万元,签章为玉才公司公章,出票日期为2月12日。浩然公司收到汇票后在规定期限内向付款人银行提示承兑,但银行以票据不符合要求而拒绝受理。
(2)向乙公司签发一张10万元的支票,出票日期为2009年3月1日,乙于3月5日背书转让给万达公司。
要求:根据支付结算法律制度和票据法的有关规定,回答下列问题:

如果万达公司于2009年12月20日提示付款,是否丧失票据权利与民事权利

答案

参考答案:

解析:票据权利丧失,但仍然享有民事权利。根据《票据法》的规定,持票人因超过票据权利时效而丧失票据权利的,仍享有民事权利,可以请求出票人或者承兑人返还其与未支付的票据金额相当的利益。

单项选择题 案例分析题
单项选择题

When Dr. John W.Gofman, professor of medical physics at the University of California and a leading nuclear critic, speaks of "ecocide" in his adversary view of nuclear technology, he means the following: A large nuclear plant like that in Kalkar, the Netherlands, would produce about 200 pounds of plutonium each year. One pound, released into the atmosphere, could cause 9 billion cases of lung cancer. This waste product must be stored for 500,000 years before it is of no further danger to man. In the anticipated reactor economy, it is estimated that there will be 10,000 tons of this material in Western Europe, of which one table-spoonful of plutonium-239 represents the official maximum permissible body burden for 200,000 people. Rather than being biodegradable, plutonium destroys biological properties.

In 1972 the U.S. Occupational Safety and Health Administration ruled that the asbestos level in the work place should be lowered to 2 fibers per cubic centimeter of air, but the effective date of the ruling has been delayed until now. The International Federation of Chemical and General Workers’ Unions report that the 2-fiber standard was based primarily on one study of 290 men at a British asbestos factory. But when the workers at the British factory had been reexamined by another physician, 40--70 percent had X-ray evidence of lung abnormalities. According to present medical information at the factory in question, out of a total of 29 deaths thus far, seven were caused by lung cancer. An average European or American worker comes into contact with six million fibers a day. "We are now, in fact, finding cancer deaths within the family of the asbestos worker," states Dr. Irving Selikoff, of the Mount Sinai Medical School in New York.

It is now also clear that vinyl chloride, a gas from which the most widely used plastics are made, causes a fatal cancer of the blood-vessel cells of the liver. However, the history of the research on vinyl chloride is, in some ways, more disturbing than the "Watergate cover-up." "There has been evidence of potentially serious disease among polyvinyl chloride workers for 25 years that has been incompletely appreciated and inadequately approached by medical scientists and by regulatory authorities," summed up Dr. Selikoff in the New Scientist. At least 17 workers have been killed by vinyl chloride because research over the past 25 years was not followed up. And for over 10 years, workers have been exposed to concentrations of vinyl chloride 10 times the "safe limit" imposed by Dow Chemical Company. (422 words)

Notes: plutonium 钚。asbestos 石棉。polyvinyl chloride 聚氯乙烯。

It can be inferred from the text that the author believes that()

A. nationwide application of anti-pollution devices can finally prevent cancer

B. tough legislation is needed to set lower limits of worker exposure to harmful chemicals

C. more research is required into the causes of cancer before further progress can be made

D. industrialization must be slowed down to prevent further spread of cancer-causing agents