问题 问答题

张三为加入东方合伙企业需要一笔资金,于2010年2月2日向建行借款10万元,双方以书面合同约定:借款期限为2年;借款年利率为6%,2年应付利息由建行预先在借款本金中一次扣除;借款期满时张三一次偿还全部借款。李四为张三的保证人,与建行签订保证合同,约定李四承担一般保证责任,保证期间为自借款期满之日起1年,但未就保证担保的范围作约定。建行依约向张三交付借款。不久,张三加入东方合伙企业。借款期满后,建行因经济业务欠东方合伙企业8万元,因此向东方合伙企业主张,就张三欠建行的借款与建行欠东方合伙企业的债务在对等数额内抵销,但遭东方合伙企业拒绝。随后,建行请求张三偿还借款,并要求李四承担保证责任。张三以资金不足为由拒绝还款,李四也拒绝承担保证责任。
要求:根据上述情况并结合法律规定,回答下列问题。
1.指出张三、建行签订的借款合同中有哪些内容不符合法律规定,并说明理由。

答案

参考答案:李四拒绝承担保证责任符合法律规定。根据规定,一般保证的保证人在主合同纠纷未经审判或者仲裁,并就债务人财产依法强制执行仍不能履行债务前,对债权人可以拒绝承担保证责任。
知识点:有下列情形之一的,保证人不得行使上述权利:①债务人住所变更,致使债权人要求其履行债务发生重大困难的,即债务人下落不明、移居境外,且无财产可供执行;②人民法院受理债务人破产案件,中止执行程序的;③保证人以书面形式放弃规定的权利的。

阅读理解

Books which give instructions on how to do things are very popular in the United States today. Thousands of these "How to" books are available; in fact, there are about four thousand books with titles that begin with the words "How to" One book may tell you how to earn more money, another may tell you how to save or spend it, and another may explain how to give your money away.  Many "How to" books give advice on careers (职业). They tell you how to choose a career and how to succeed at it. If you fail, however, you can buy a book called “How to Turn Failure into Success”. If you would like to become very rich, you can buy the book “How to Make a Million”. If you never make any money at all, you may need a book called "How to" Live on Nothing? One of the most popular types of books is one that helps you with personal problems. If you want to have a better love of life, you can read "How to" Succeed at Love Every Minute of Your Life.? If you are tired of books on happiness, you may prefer a book called "How to". Make Yourself miserable?

Many of these books help people use their time better. Some people want books which will give them useful information about sports, hobbies, and travel. Other people use their free time to make repairs and improvements on their homes. They prefer books which give step by step instruction on how to repair things like plumbing (卫生管道工程) and electrical wiring, or on how to redecorate (重新装饰) or enlarge a house.

Why have "How to" books become so popular? Probably because life has become so complex. Today people have far more free time to use, more choices to make, and more problems to solve. "How to" books help people deal with modern life. 

小题1:These "How to" books are written to______.

A.tell people to love their life

B.earn money

C.give people some good advice on how to do something they want to do

D.say something about America小题2:Before someone wants to find a good job. He had better______.

A.buy a book on "How to" Make a Million?

B.read a book on how to choose a career and how to succeed at it

C.beg bosses or managers for it

D.use his free time to look for it小题3:If people will not succeed in what he is doing a book called________ can give help.

A."How to" Turn Failure into Success?

B."How to" Make a Million?

C."How to" Succeed at Love Every Minute of Your Life?

D."How to" Make Yourself Miserable?小题4:Which headline of the following is the best for this passage?

A.“How to" Books in America

B."How to" Books Are Ordinary in America

C.Thousands of "How to" Books

D.Books with Title That Begin with the Words "How to"

单项选择题