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        2011注冊會計師考試《經(jīng)濟(jì)法》押密題1(11)

        字號:


            (1)The mortgage can be set up. According to the regulations, the party set up the mortgage using the means of transport, the mortgage can be set up since the contract is valid.
            (2)Company B needn‘t to undertake the liability for commercial paper to Company G. According to the law, if an endorser writes the words “Not Transferable” on a draft and the draft is transferred by the subsequent endorser, the original endorser shall not bear the liability of guarantee to the subsequent endorsee.
            (3)Company A can terminate the contract. According to the regulations, the parties may terminate a contract if the other party delayed performance of its main obligations, and failed to perform within a reasonable time after receiving demand for performance. Termination shall notify the other party. The contract is terminated when the notice reaches the other party. In this case, Company B didn’t hand over the equipments after receiving demand for performance. Company A notified Company B in time, so it is legal to terminate a contract.
            (4) Company B from liability for breach of the reason is not correct. According to the regulation, the party is due to the breach of properly, it can appear from the non-breaching party according to the circumstances. Disclaimer: the legal reason including, disclaimer, specially stipulated by law. Ontology, company B does not have the situation properly including.
            (5) ①Company C’s first reason correctly. According to the regulations, enjoys the surety of a general suretyship, the first to plead defense in a contract dispute without trial or arbitration, and the debtor‘s property law enforcement for debts of creditors, can refuse to undertake suretyship liability.
            ②The second reason for company C is incorrect. According to the regulation, the guarantor and the creditor have no agreement on the term of suretyship, the debt to the date of expiration of the period of 6 months.
            (6) Company A that no longer continues to perform the contract compliance with the law. According to the regulation, the people’s court accepts the bankruptcy petition, the administrator before the acceptance of the bankruptcy petition was established by the debtor and the other parties to the contract to decide to terminate or to continue performing, and shall notify the other party. Manager decided to continue to perform the contract, and the other party shall be entitled to require the administrator, but provides a guaranty. Managers do not provide guaranty, as to terminate the contract.
            (7) Company A in advance of 500,000 Yuan for filing claims in compliance with the law, but the liquidated damages for filing claims not accord with 250,000 Yuan prescribed by law. According to the regulation, the administrator or the debtor terminates in accordance with the law of the parties to the contract, the other party to the termination of the contract for the claim for damages produced by the debtor. This is to declare creditor‘s rights to the actual loss as liquidated damages may not constitute bankruptcy claims.
            (8)Company B’s alienating two mortgaged cars is illegal. According to the regulations, without the mortgagee’s consent, a mortgagor may not alienate the mortgaged property during the mortgage term, unless the transferee pays off the debts on behalf of the mortgagor so as to terminate the mortgage right.
            (9) Company A‘s request for revocation of the transfer of two vehicles do not meet legal requirements. According to regulations, the people’s court accepts the bankruptcy within 1 year prior to the application, the following acts concerning the debtor‘s property, the manager has the right to request the court to be removed: ① free transfer of property; ② unreasonable prices of the transaction; ③ secured debt security with the absence of property ; ④ prepayment of outstanding debt ; ⑤ give up claims.
            (10) Company A required recovering two vehicles do not meet legal requirements. According to regulations, the movable criminal possession will be transferred to the assignee after the property if the transferee in good faith, you can legally acquire ownership of the property. Also according to the regulations, the parties to set up transport security without registration, no bona fide third party. (In the case, Company A can only declare ordinary creditors, unregistered consequences)
            (11) It is incorrect that Bank D refuses to pay for the check. According to regulations, the relationship of the notes reasons exists only between the parties giving and receiving bills directly, upon notes transfer, the reason relations influence the effectiveness of the instruments would be cut immediately. In this case, the reason relations only between Company A and B, Company G’s payment requests shall not be refused.