问题 问答题 案例分析题

2008年6月,甲公司将一台价值900万元的机床委托乙仓库保管,双方签订的保管合同约定:保管期限从6月21日至10月20日,保管费用2万元,由甲公司在保管到期提取机床时一次付清。8月,甲公司急需向丙公司购进一批原材料,但因资金紧张,暂时无法付款。经丙公司同意,甲公司以机床做抵押,购入丙公司原材料。双方约定:至12月8日,如甲公司不能偿付全部原材料款,丙公司有权将机床变卖,以其价款抵偿原材料款。10月10日,甲公司与丁公司签订了转让机床合同(丙公司已经同意),双方约定:甲公司将该机床作价860万元卖给丁公司,甲公司于10月31日前交货,丁公司在收货后10日内付清货款。10月下旬,甲公司发现丁公司经营状况恶化(有证据证明),于是通知丁公司终止交货并要求丁公司提供担保,丁公司没有给予任何答复。11月上旬,甲公司发现丁公司经营状况进一步恶化,于是向丁公司提出解除合同。丁公司遂向法院提起诉讼,要求甲公司履行合同并赔偿损失。

要求:根据上述内容,分别回答下列问题:

(1)如果甲公司到期不支付机床保管费,乙仓库可以行使什么权利?

(2)甲公司向丁公司转让机床的行为是否有效?并说明理由。

(3)甲公司能否中止履行与丁公司订立的转让机床合同?并说明理由。

(4)甲公司能否解除与丁公司订立的转让机床合同?并说明理由。

答案

参考答案:

(1)乙仓库可以行使留置权。(2)甲公司的行为有效。根据规定,抵押期间,抵押人经抵押权人同意转让抵押财产的,应当将转让所得的价款向抵押权人提前清偿债务或者提存。在本题中,该转让已经得到抵押权人丙公司的同意,因此,甲公司向丁公司转让机床的行为有效。(3)甲公司可以中止履行合同。根据规定,应当先履行债务的当事人,有确切证据证明对方经营状况严重恶化的,可以行使不安抗辩权,中止合同履行。在本题中,作为应当先履行债务的当事人,甲公司有确切证据证明丁公司经营状况恶化,因此甲公司可以中止履行合同。(4)甲公司可以解除合同。根据规定,当事人在中止履行合同后,如果对方在合理期限内未恢复履行能力并且未提供适当担保的,可以解除合同。在本题中,由于丁公司不能提供担保,且经营状况进一步恶化,因此甲公司可以解除合同。

单项选择题

When Liam McGee departed as president of Bank of America in August, his explanation was surprisingly straight up. Rather than cloaking his exit in the usual vague excuses, he came right out and said he was leaving “to pursue my goal of running a company.” Broadcasting his ambition was “very much my decision,” McGee says. Within two weeks, he was talking for the first time with the board of Hartford Financial Services Group, which named him CEO and chairman on September 29.
McGee says leaving without a position lined up gave him time to reflect on what kind of company he wanted to run. It also sent a clear message to the outside world about his aspirations. And McGee isn’t alone. In recent weeks the No.2 executives at Avon and American Express quit with the explanation that they were looking for a CEO post. As boards scrutinize succession plans in response to shareholder pressure, executives who don’t get the nod also may wish to move on. A turbulent business environment also has senior managers cautious of letting vague pronouncements cloud their reputations.
As the first signs of recovery begin to take hold, deputy chiefs may be more willing to make the jump without a net. In the third quarter, CEO turnover was down 23% from a year ago as nervous boards stuck with the leaders they had, according to Liberum Research. As the economy picks up, opportunities will abound for aspiring leaders.
The decision to quit a senior position to look for a better one is unconventional. For years executives and headhunters have adhered to the rule that the most attractive CEO candidates are the ones who must be poached. Says Korn/Ferry senior partner Dennis Carey:” I can’t think of a single search I’ve done where a board has not instructed me to look at sitting CEOs first.”
Those who jumped without a job haven’t always landed in top positions quickly. Ellen Marram quit as chief of Tropicana a decade age, saying she wanted to be a CEO. It was a year before she became head of a tiny Internet-based commodities exchange. Robert Willumstad left Citigroup in 2005 with ambitions to be a CEO. He finally took that post at a major financial institution three years later.
Many recruiters say the old disgrace is fading for top performers. The financial crisis has made it more acceptable to be between jobs or to leave a bad one. “The traditional rule was it’s safer to stay where you are, but that’s been fundamentally inverted,” says one headhunter. “The people who’ve been hurt the worst are those who’ve stayed too long.”

The word “poached” (Line 3, Paragraph 4) most probably means

A.approved of.
B.attended to.
C.hunted for.
D.guarded against.

单项选择题