问题 问答题 简答题

担保合同无效,担保人是否不再承担任何民事责任?

答案

参考答案:

担保合同也是经济活动中的一种合同,也要适用合同无效的法律责任制度。根据民法通则规定民事行为被确认为无效或者被撤销后,当事人因该行为取得的财产,应当返还给受损失的一方。有过错的一方应当赔偿对方因此所受的损失,双方都有过错的,应当各自承担相应的损失。担保合同无效后当事人也要根据其有无过错或者过错的大小承担相应的民事责任。因此,担保法规定,担保合同无效后,债务人、担保人、债权人有过错的,应当根据其过错各自承担相应的民事责任。需要说明的是,担保合同无效后,担保人不再承担担保责任,而是根据其过错情况承担相应的民事责任。担保责任与相应的民事责任是有很大的区别的,担保责任是只要在债务履行期届满债务人不能履行债务时,担保人就要履行债务或者承担债权人损失赔偿责任。担保人承担相应的民事责任是一种过错责任,一是要看债务人,担保人、债权人三方的过错情况,都有过错,三方都要承担债权人的损失;二是要看三方过错的大小,来区别应负责任的多少;三是没有过错的就不承担责任。从上述分析看,合同无效后,担保人承担相应的过错责任要比担保责任要小。合同无效后,担保人究竟应当如何具体承担民事责任,这要区分主合同有效和主合同无效情况下,担保人的不同责任。在下面两个问答中,将对此予以说明。

阅读理解

阅读理解。

     The 16-year-old girl Jessica Watson is said to be the youngest person to sail non-stop alone around the

world. But her record has been questioned because someone thought that she has not sailed far enough. She will also not be recognized by the World Speed Sailing Record Council, as it was too dangerous for someone under

18 years old.

     Ms Watson sailed into Sydney port on Saturday, seven months after leaving on a hard voyage. Family,

friends and Australian Prime Minister Kevin Rudd have gathered to greet her. Thousands of well-wishers

waited at the port and watched from boats as Ms Watson sailed her pink, 10m boat over the finishing line.

Many more Australians watched the event broadcast live on television. Watson said she was just an"ordinary

girl who believed in her dream".

     Ms Watson left Sydney on 18 October, despite that some people disagreed to her plan. Watson traveled

northeast through the South Pacific and across the equator (赤道), south to Cape Horn at the tip of South

America, across the Atlantic Ocean to South Africa, through the Indian Ocean and around southern Australia.

The route took her through some of the world's most changeful waters, and she battled through huge storms

and suffered seven accidents of her boat.

     People around the world have followed Ms Watson's adventures on her blog, which she has daily updated  (更新). On her blog, she wrote down beautiful sunrise over seas, the excitement of meeting a blue whale and

the bright, terrible sight of a shooting star flying across the night sky above her boat. Ms Watson has reportedly sold her story to a news company for $700,000. She is planning to write a book on her experience.

1. Which of the following oceans didn't Ms Watson cross through in her voyage?

A. The Pacific Ocean.

B. The Arctic Ocean.

C. The Indian Ocean.

D. The Atlantic Ocean.

2. Ms Watson's voyage will NOT be considered an official world record mainly because _______.

A. no one can prove that her route was dangerous enough

B. she hasn't applied for the record

C. teenagers are not encouraged to take such a dangerous adventure

D. girls are not allowed to take part in the dangerous sports

3. We can make a conclusion from this passage that Watson _______.

A. would make another voyage for money

B. made the world round voyage for money

C. had no way to communicate with others during the voyage.

D. is so confident and brave that she could overcome troubles on her own

4. All the following can be inferred from this passage EXCEPT that _______.

A. her book about her voyage is a best seller

B. people in Australia had much interest in her voyage

C. she spent more than 200 days alone at sea

D. people have different attitudes towards her voyage

单项选择题