20 15 national judicial examination simulation test six "civil law"

1. Company A signed a loan agreement with Company B, with a loan amount of 5 million yuan and a monthly interest rate of 20%, with a term of 5/month to 5/July, 2000.

Company A asks Company C for a guarantee, and Company C issues a letter of guarantee, stipulating that if the borrower fails to repay the loan at maturity, the guarantor will be responsible for the repayment, and the guarantee period will be until the borrower pays off all the principal and interest. Afterwards, Company A was unable to repay the debt, and Company B asked Company C, the guarantor, to repay the debt on September 5, 20001year: ()

A. Although the loan interest rate is higher than the bank loan interest rate, the main contract is valid and the company undertakes the guarantee responsibility.

B. Although the main contract is invalid, Company C shall still bear the guarantee responsibility if the contract is valid.

C. Lending between enterprises is prohibited, so the main contract is invalid. If the main contract is invalid, the guarantee contract is invalid. Both Company A and Company B are at fault, so they shall bear the responsibility according to their respective faults, and Company C shall bear the responsibility after the master-slave contract is invalid.

D. the main contract is valid, and company c is not responsible for ensuring that the contract is invalid.

2. The following persons can be guarantors of the purchase and sale contract: ()

A. Municipal Government B. a University C. Urban Credit Cooperatives D. Women's Federation

3. Pan borrowed 20,000 yuan from the credit union, and asked the friend who repaid in the county armed forces department to affix the seal of the armed forces department in the column of guarantor. However, the leaders of the armed forces did not know that Pan was unable to repay the loan due to operating losses, and the credit union asked the armed forces to repay it. The armed forces department was found responsible by Chen Mou and refused to pay. ( )

A. the armed forces department is responsible for ensuring.

B. Although the leaders of the Armed Forces Department did not know, from the perspective of protecting bona fide third parties, the guarantee contract should be deemed to be established.

C. if the guarantee contract is not established, the parties shall bear the responsibilities according to their respective faults.

D. After the guarantee contract is established, the Armed Forces Department and Chen Mou shall bear joint and several guarantee responsibilities.

4. The following property mortgages need to be registered to take effect: ()

A. civil aircraft B. ships C. trees D. gold and silver jewelry

5. The following items cannot be used as the object of pledge of rights: ()

A. creditor's rights;

B. Company shares held by company directors;

C usufructuary rights of real estate such as highway bridges, highway tunnels and highway ferries;

D. registered check

6. Among the international conventions on intellectual property protection, what is the object of Berne Convention? ( )

A. registered trademark B. literary and artistic works C. sound recordings D. layout design of integrated circuits

7. Liu was arranged by his unit to undertake a national soft science research project. During my work, I published a monograph on enterprise management, and charged a manuscript fee of 15000 yuan. Who should own this manuscript fee? ( )

A. all should be owned by Liu's unit.

B is owned by Liu, and the income tax is paid by Liu's unit.

C belongs to Liu, but Liu should pay personal income tax.

D. It belongs to Liu's unit, but some of it should be awarded to Liu.

8. Enterprise A signed a loan contract with Bank B with a loan amount of 654.38+10,000 yuan and a loan term of 654.38+0 years, with Enterprise C as the loan guarantor. Three months after the contract was signed, Enterprise A urgently needed funds to expand the production scale, and negotiated with Bank B to increase the loan amount to RMB 6,543,800+0.5 million. Bank A and Bank A informed Enterprise C, but Enterprise C did not reply. The latter enterprise cannot repay its debts at maturity. Q: How should we assume the guarantee responsibility in this case? ( )

A. Enterprise C no longer undertakes the guarantee responsibility, because both parties change the terms of the contract without Party C's consent.

B enterprise C undertakes the guarantee responsibility for 654.38+10,000 yuan, but does not undertake the guarantee responsibility for the increased 50,000 yuan.

C. Enterprise C shall bear the guarantee liability of RMB 6,543,800+0.5 million. Because Party C fails to reply to the notice of Bank A and Bank A, it shall be deemed as a breach of contract.

D Enterprise C is no longer responsible for the guarantee, and the guarantee contract is invalid because both parties have changed the terms of the contract.

9. Party A mortgaged the house 1 and borrowed 20,000 yuan from Party B. During the mortgage period, insider C expressed his willingness to buy A's house for 30,000 yuan, and A also wanted to sell the mortgaged house. Which of the following statements are correct in this regard? ( )

Party A has the right to sell the house, but it must notify the mortgagee in advance.

Without the consent of the mortgagee, Party A may sell the house.

Party A may sell the house to Party C with the consent of Mortgagee B..

D party a has no right to sell the house because it has been mortgaged.

10. Party A ordered goods from Party B for15,000 yuan, and both parties agreed that "Party B will deliver all the goods after receiving the deposit of 50,000 yuan from Party A". After the conclusion of the contract, Party B only received the deposit of 20,000 yuan from Party A within the agreed time. Which of the following statements is true? ( )

A. If the actual deposit paid is less than the agreed amount, the deposit contract shall be deemed invalid.

B if the actual deposit paid is less than the agreed amount, the deposit contract shall be deemed invalid.

C. If the actual deposit paid is less than the agreed amount, it shall be deemed as a change of the deposit contract.

D the deposit amount agreed by the parties exceeds 20% of the contract target amount, and the deposit contract is invalid.

Answer: 1. C 2。 C 3。 C4 C5 B6 B7 c8。 B9.A 10.C

Second, multiple choice questions

1. The watermelon field contracted by Party A is adjacent to the wheat field contracted by Party B. One day, Party B sprayed herbicides in his wheat field. Unfortunately, it was windy at that time, and there was a watermelon field downwind. A company then asked a company to stop spraying herbicides, because its herbicides will enter the watermelon field after being blown by the wind, which is very unfavorable to the growing watermelon seedlings. Party A and Party B did not agree to Party A's request. After that, it really caused a watermelon seedling to suffer and lost more than 3000 yuan. Therefore, the following statement is incorrect: ()

A. The behavior of Party A and Party B does not constitute an infringement of Party A's property rights, which is caused by its pure force majeure.

B. Party A's behavior infringes on Party A's neighboring rights.

C. party b shall compensate party a for its losses.

D. the losses of party a shall be shared equally by both parties.

2. Party A borrows RMB 6,543,800+500,000 from Party B, and Party C is the guarantor. In order to ensure that he can recover, C asked Party A to provide a guarantee, and Party A then set up a pledge to guarantee C's creditor's rights with a celebrity calligraphy and painting in his home. And asked his friend Ding to use the house as collateral to guarantee the creditor's rights of Party C (registered); A also requires E as a guarantor to guarantee C's creditor's rights. Which of these situations are counter-guarantees: ()

A. The promise made by Party A to Party C with celebrity calligraphy and painting;

B.d. the mortgage set by the house;

C.c. guarantee

D.e. guarantee

3. Bank A lends to Company B, and Company B's perennial legal adviser Minsheng Law Firm guarantees the loan. After the maturity, Company B is unable to repay the loan. What should bank a do? ()

A, the law firm is a social intermediary for the purpose of public welfare, and shall not act as a guarantor, so the guarantee is invalid.

B, although the law firm is a public institution, but engaged in business activities, so in the absence of other circumstances that lead to the invalidity of the guarantee contract, the guarantee is effective.

C, the guarantee is invalid, but the law firm shall bear civil liability in accordance with the principle of fault.

D, the guarantee is effective, so the law firm should still bear the guarantee responsibility.

4. The following statement about the mortgagor's transfer of collateral during the mortgage period is wrong: ()

A. If the mortgagor transfers the registered collateral, it shall notify the mortgagee and inform the transferee that the transferred subject matter has been mortgaged, otherwise the transfer is invalid.

B. If the transfer price of the mortgaged property is obviously lower than its value, the mortgagee may require the mortgagor to provide corresponding guarantee; If the mortgagor fails to provide it, the mortgaged property shall not be transferred.

C the mortgagor shall pay off the secured creditor's rights to the mortgagee in advance or deposit them with a third party agreed with the mortgagee. The part exceeding the creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.

D. If the mortgagor transfers the unregistered mortgaged property, it shall notify the mortgagee and inform the transferee that the transferred property has been mortgaged, otherwise the transfer is invalid.

5. Lien is extinguished for the following reasons: ()

A. Elimination of principal creditor's rights

B. The retained subject matter is lost due to an accident, and a certain amount of insurance money is obtained;

C. the retained property is taken away by a third person.

D. accept other guarantees from the debtor.

6. The following works are works of art: ()

A. Photography B. Architecture C. Calligraphy D. Sculpture

7. Which of the following statements about photographic works is correct: ()

The copyright protection period of a photographic work completed by a natural person is 50 years before and after the author's death.

B the protection period of photographic works, whether created by legal persons or individuals, is 50 years.

C, the starting point of the protection period of photographic works, according to the principle of automatic acquisition of copyright law, starts from the completion of the creation of the works.

D, the starting point of the protection period of photographic works is calculated from the time when the works are published.

8. Which of the following statements about the limitation of action for suretyship liability conforms to the law? ( )

A in general guarantee, the limitation of action for principal debt is interrupted, and the limitation of action for guarantee debt is interrupted.

B in general guarantee, the limitation of action for principal debt is interrupted to ensure that the limitation of action for debt is not interrupted.

C in the joint and several liability guarantee, the limitation of action of the principal debt is interrupted, and the limitation of action of the guaranteed debt is interrupted.

D in the joint and several liability guarantee, the limitation of action of the principal debt is interrupted to ensure that the limitation of action of the debt is not interrupted.

9. In order to avoid controversy, Chen Mou had to quote materials to draft his academic paper. Mr. Zhao was consulted on relevant issues. Which of the following lawyer Zhao Can's opinions was adopted? ( )

You can quote both published works and unpublished works.

B can only be limited to introducing, commenting or quoting works to illustrate a problem.

C. As long as it does not constitute the main part of your own work, you can quote the full text of the material.

D. reasonable remuneration shall be paid to the original author.

10. Which of the following behaviors is not copyright infringement? ( )

A. In order to report the grand occasion of the oil painting exhibition, a TV station broadcast the oil paintings of the exhibition on TV news.

B. a professor's speech at the world forum was reported in full by the radio.

3. The court copied the three articles published by Zhang for future reference.

D the publishing society translates the works published in Mongolian into Chinese and publishes them in China.

Answer: 1, ABD 2. ABD 3。 BD 4，AD 5，AD 6。 CD 7，BD 8，AD 9，BC 10，ABC。