问题 多项选择题

甲对乙享有60万元债权,丙、丁分别与甲签订保证合同,但未约定保证责任的范围和方式。戊以价值30万元的房屋为乙向甲设定抵押并办理了登记。
请回答以下问题:

若甲对乙的债权已过诉讼时效一年,下列说法何者正确( )

A.乙若对甲进行清偿,则事后无权要求甲返还

B.丙若对甲进行清偿,则元权对乙进行追偿

C.甲不能对戊的房屋行使抵押权

D.倘甲催告乙还款,乙在催款通知上签字,诉讼时效将因中断而重新起算

答案

参考答案:A,B,C

解析: 《物权法》第202条规定:“抵押权人应当在主债权诉讼时效期间行使抵押权:未行使的,人民法院不予保护。”《民法通则》第140条规定:“诉讼时效因提起诉讼、当事人一方提出要求或者同意履行义务而中断。从中断时起,诉讼时效期间重新计算。”可见,诉讼时效中断是在诉讼时效期间内,因提起诉讼、当事人一方要求同意履行义务而发生的法律事实。本题中,甲对乙的债权已经超过诉讼时效一年,乙在催款通知上签字,并不导致诉讼时效中断,故D项说法错误。

选择题
阅读理解

阅读理解。

     For years I wanted a flower garden, but with five children I was too busy to have one. Money was limited,

and so was time. Often one of the children would want something that cost too much, and I would say, "Do

you see a money tree outside? Money doesn't grow on trees, you know. "Finally, when all five had gotten

through high school and college, and had started having their own families, I started thinking again about having a garden. However, I knew gardens cost money.

     Then, one spring morning on Mother's Day, as I was working in my kitchen, I heard cars drive by and

looked out of the window to see a new tree planted in my yard. I couldn't believe my eyes: it was a money

tree! Dollar bills were stuck all over that tree, and there was a note which read: "I owe you eight hours of

digging time. Love, Marvin."

     Marvin, my first son, kept his promise. He dug up a nice ten-by-fifteen-foot bed (花坛,花圃) for me. My

other children bought me tools, a sunflower stepping stone (踏脚石) and gardening books. We built a garden

together.

     That was three years ago. My garden is now very pretty, and just what I'd always wanted. When I go out

to weed or tend my flowers, I don't seem to miss my children as much as I once did. It feels as if they were

right there with me. When I think about what my children have done for me, I get tears in my eyes every time. I'm still not sure whether money grows on trees. But I know love does!

1. Why had the author never had a flower garden before?

A. Because she had five children to take care of.

B. Because she didn't have enough time and money.

C. Because her children wanted expensive things.

D. Because her children were going to high school and college.

2. Who helped the author build the garden at last?

A. Her neighbor.

B. Her first son.

C. Her husband.

D. Her five children.

3. Why doesn't she miss her children as much as she once did?

A. Because she has a big money tree.

B. Because she has a very pretty garden.

C. Because she feels the love of her children in the garden.

D. Because she is busy weeding or tending her flowers.

4. Which of the flowing statements is correct, based on the passage?

A. Money grows on trees only if you plant them with love.

B. The author built a pretty garden after her children had graduated from school.

C. The author actually wanted to have money grow on trees.

D.The children loved their mother so much that they helped her realize her dream.

5. The purpose of this passage is to tell us_________.

A. how to grow you own money tree

B. the story of pretty garden

C. the story of a money tree

D. a story of the love between a mother and her children