First, multiple-choice questions:
(2002)
19. If the original endorser writes the word "non-negotiable" on the bill of exchange, which of the following statements is correct?
A. if the holder negotiates by endorsement, the endorsement is invalid.
In some cases, the holder may endorse the bill of exchange again.
C. If the holder transfers again, the original endorser shall not assume the guarantee responsibility for the current holder.
D This bill can only be endorsed with the words "entrusted collection", but not with the words "pledge".
Answer: c
Analysis: According to Article 34 of the Negotiable Instruments Law, if the endorser writes the words "non-negotiable" on the bill of exchange, the original endorser is not liable to the subsequent endorsee.
20.a bought a life insurance policy for himself and designated his wife as the beneficiary. A has a 4-year-old son and a 50-year-old mother who lives alone. One day, A died in a traffic accident. How to deal with the premium of this insurance according to law?
A. It should be inherited by wife A, wife A and mother A * * *.
B. it should be inherited by one wife.
C. wife a and wife a inherit the inheritance.
D. all should be paid to wife a.
Answer: d
Analysis: Paragraph 3 of Article 22 of the Insurance Law stipulates: "The beneficiary refers to the insured or the person designated by the insured in the life insurance contract who has the right to claim the insurance money". In a life insurance contract, after an accident within the scope of insurance liability occurs, the insurer shall perform the obligation of paying insurance benefits to the beneficiary. Only when the beneficiary is not specified, and the beneficiary dies before the insured, and no other beneficiary loses or gives up the beneficial right, will the inheritance of insurance money occur.
(2003)
13. Hayes company set up a branch in Beijing. The branch company signed a house lease contract with Beijing Shida Company in its own name, and leased the first floor of Shida Company Building with an annual rent of 300,000 yuan. Now the branch has a dispute with Shida Company because of the arrears of rent. Which of the following judgments is correct?
A. The house lease contract is valid, and the legal liabilities shall be borne by the parties to the contract.
B the branch company does not have the qualification of civil subject and is not authorized by Hayes, so the lease contract is invalid.
C this contract is valid, and the legal liabilities arising therefrom shall be borne by Hayes company.
D this contract is valid, and the legal liabilities arising from this contract shall be jointly and severally borne by Hayes company and its branches.
Answer: c
Analysis: A legal person branch is a legal person component of a relatively independent activity established with legal person property. Article 13 of China's Company Law stipulates that a company may set up a branch, which does not have the qualification of an enterprise legal person and its civil liability shall be borne by the company. So choose C.
14. Citizen A insured his 5-year-old son C through insurance agent B, and the insurance company was D. Which of the following statements is correct about this case?
A. An insurance contract shall not contain clauses that make the payment of insurance benefits conditional on the death of C..
The right of beneficiary B to request D to pay insurance money shall be extinguished if it is not exercised within five years from the date when beneficiary B knows that the insured accident has occurred.
C. In the event of an insured accident, Party B and Party D shall be jointly and severally liable for the payment of insurance benefits.
D insurance agent b can only be a legally established company, not an individual.
Answer: b
Analysis: According to Article 27 of the Insurance Law: "The right of the insured or beneficiary of insurance other than personal insurance to claim compensation or pay insurance money from the insurer shall be extinguished if it is not exercised for two years from the date of knowing the occurrence of the insurance accident. If the insured or beneficiary of life insurance fails to exercise the right to claim compensation from the insurer for five years from the date of knowing the occurrence of the insurance accident, this right will be extinguished. " Article 55: "An applicant shall not take out life insurance for a person without civil capacity, nor shall an insurer underwrite it. The personal insurance that parents take out for their minor children is not subject to the restrictions stipulated in the preceding paragraph, but the total amount of death insurance benefits shall not exceed the limit stipulated by the insurance supervision and administration institution. " Article 125: "An insurance agent is a unit or individual who collects agency fees from the insurer according to the insurer's entrustment and handles insurance business on behalf of the insurer within the scope authorized by the insurer." Article 128: "The insurer shall bear the responsibility for the insurance business conducted by an insurance agent on behalf of the insurer. If an insurance agent handles insurance business on behalf of the insurer and exceeds the agency authority, and the applicant has reason to believe that he has the agency right and has concluded an insurance contract, the insurer shall bear the insurance liability; However, the insurer may investigate the responsibility of the insurance agent who exceeds the authority according to law. "
15. Zhang endorsed and transferred a draft of RMB 654.38+10,000 to Li, and Li endorsed and transferred it to a third party after acceptance. If the house sales contract between Zhang and Li is dissolved through negotiation, which of the following rights shall be exercised?
A. Ask Li to return the draft.
B. Ask Li to return 654.38 million yuan in cash.
C request the third person who received the draft from Li to return the draft.
D. ask the payer to stop paying the money on the bill.
Answer: b
Analysis: Bills are securities without reason. The legal relationship on the bill is a simple money payment relationship, which only requires the obligee to hold a valid bill that conforms to the provisions of the bill law. I don't ask why the bill happened. Even if the causal relationship is invalid or flawed, it does not affect the validity of the bill. According to the principle of unjust enrichment in civil law, Li is requested to return the price. Therefore, items A, C and D are incorrect.
16. The name of the partnership organization is Daxing Commercial Bank, in which Party A contributes 60%, Party B and Party C each contribute 20%, and Party A is elected as the person in charge. In the lawsuit against Ding, the debtor of the commercial bank, Party A gave up the creditor's right of 50,000 yuan from the commercial bank without consulting Party B and Party C, and Party B and Party C knowingly objected. How to determine the effectiveness of A's waiver of creditor's rights?
A.this is an effective behavior.
B.this is an invalid behavior.
C. this is a revocable act.
D. this is an act with uncertain effect
A: A.
Analysis: The partners who execute the partnership affairs represent the partnership organization externally, and the profits generated from the execution of the partnership affairs are owned by all partners, and the losses or civil liabilities generated are borne by all partners. So choose a.
17. Company B got a draft of 3 million yuan in the transaction with Company A, and the payer was Company C. When Company B asked for acceptance, Company C endorsed: "Acceptance. Company A will pay again after the money arrives. " Which of the following statements is correct about the payment responsibility of Company C?
Company A.C has accepted it and should bear the responsibility for payment.
B shall be regarded as the refusal of acceptance by Company C, and Company C shall not be liable for payment.
C. After Company A pays Company C, Company C shall be liable for the payment.
D. Determine the payment responsibility of Company C according to the amount paid by Company A to Company C..
Answer: b
Analysis: According to Article 43 of the Negotiable Instruments Law, the drawee shall unconditionally accept the bill; Conditional acceptance shall be deemed as refusal to accept. So choose B.
18. Chen Mou insured his car with an insurance company. One day, his car was damaged by the landlord's son (underage), and the repair cost was 1500 yuan. An agreement was reached with the landlord: the landlord would waive two months' rent 1300 yuan, and Chen would not ask the landlord to pay for the repair. Later, Chen Mou reported the case to the insurance company and demanded a claim. In this case, which of the following judgments is correct?
A. the insurance company should compensate 1500 yuan.
B. The insurance company should compensate 200 yuan.
C. The insurance company shall compensate 1300 yuan.
D. the insurance company is no longer liable for compensation.
Answer: d
Analysis: According to Article 46 of the Insurance Law: "If the insured gives up the right to claim compensation from a third party after the insurance accident and before the insurer pays the insurance money, the insurer shall not be liable for compensation. After the insurer compensates the insured for the insurance money, if the insured waives the right to claim compensation from a third party without the consent of the insurer, the act is invalid. If the insurer is unable to exercise the right to claim compensation by subrogation due to the fault of the insured, the insurer may deduct the insurance compensation accordingly. " So choose D.
19. Which of the following classifications about companies is based on the company's credit basis?
A. Head office and branch offices
B. Parent companies and subsidiaries
C. joint ventures and joint ventures
D. Closed companies and open companies
Answer: c
Analysis: Items A and B are classified according to the relationship between companies. Item d is classified according to the way of share transfer. Item c meets the meaning of the question.
20. When a foreign company applies to the China Municipal Government for the establishment of a foreign-funded enterprise, there are the following situations. Which of them violates the laws of China?
A. a foreign-invested enterprise shall be established by the applicant alone.
The applicant requests that the foreign-invested enterprise be registered as a limited liability company.
C the applicant claims that foreign-invested enterprises will adopt advanced technology and equipment, but only 40% of their products are exported.
The applicant declares that all insurances of the foreign-funded enterprise will be insured by insurance companies outside China.
Answer: d
Analysis: All the capital of a foreign-funded enterprise is invested by foreign investors, who can be companies, enterprises and other economic organizations or individuals. Usually, the organizational form of a foreign-funded enterprise is a limited liability company. The liability of a foreign investor to an enterprise is limited to the amount of capital subscribed, and a foreign-capital enterprise is liable for its debts with all its assets. Therefore, items A and B are correct. The establishment of foreign-funded enterprises must be conducive to the development of China's national economy, and the state encourages the establishment of foreign-funded enterprises with export products or advanced technology. But there is no specific proportion requirement, so C is correct. D According to Article 16 of the Law on Foreign-funded Enterprises, all insurances of foreign-funded enterprises shall be insured with insurance companies in China. So, d is wrong, choose d.
(2004)
22. A foreign businessman asked a lawyer, "Which of the international conventions on intellectual property rights to which China has acceded has the widest scope of protection, the highest level of protection, the strongest protection and the strongest binding force?" Which of the following lawyers' answers is correct?
A. convention of the world intellectual property organization
B. Paris convention for the protection of industrial property
C. agreement on trade-related aspects of intellectual property rights
D. Berne convention
Answer: c
Analysis: The international intellectual property treaties to which China is a party mainly include: TRIPS Agreement, Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works, universal copyright convention, madrid agreement concerning the international registration of marks and Patent Cooperation Treaty. Among them, the TRIPS Agreement of the World Trade Organization is considered to be an international convention with wide coverage, high level of protection, strong protection and strong binding force in the field of intellectual property protection worldwide, which has played an important role in the revision of China's domestic intellectual property laws.
23. A company signs a sales contract with B company, stipulating that B company will deliver the goods before August 30, and A company will pay within 7 days after the goods arrive. On August 10 of the same year, Enterprise A was declared bankrupt by the court according to law. Which of the following options is correct when dealing with this contract?
A. the liquidation group shall decide to terminate or continue the performance.
B. Enterprise A decides whether to terminate or continue the performance at its own discretion.
C the creditors' meeting decides whether to cancel or continue to perform.
D. no further performance
A According to the current law, there is no answer to this question.
Analysis: Article 18 of the Bankruptcy Law stipulates that after the people's court accepts the bankruptcy application, the administrator has the right to decide to terminate or continue to perform the contract that was established before the bankruptcy application was accepted, but the debtor and the other party have not fully performed it, and notify the other party. If the administrator fails to notify the other party within two months from the date of accepting the bankruptcy application, or fails to reply within 30 days from the date of receiving the reminder from the other party, the contract shall be deemed to be terminated. If the manager decides to continue to perform the contract, the other party shall perform it; However, the other party has the right to ask the administrator to provide a guarantee. If the manager fails to provide the guarantee, the contract shall be deemed to be terminated. Therefore, the administrator has the right to decide to terminate or continue to perform the contract concluded by the bankrupt before the bankruptcy declaration, while the liquidation group, enterprise A itself and the creditors' meeting have no right to decide, so there is no correct answer to this question.
24. Company A issued a draft to Company B on April 6, 2004, and the maturity date was July 6, 2004. Company B submitted an acceptance bill to the drawee on May 6, 2004, but it was rejected. Company B then endorsed and transferred to Company C. What is the nature of Company B's endorsement on this bill?
A. go back and endorse
B. restrictive endorsement
C. After endorsement
D. Conditional endorsement
Answer: c
Analysis: Endorsement of promissory note refers to the endorsement made when the bill is refused to be accepted, refused to pay or exceeds the time limit for presenting payment. According to the provisions of Article 36 of the Negotiable Instruments Law, the post-endorsement should be an invalid endorsement, which can not produce the effect of general endorsement, but only has the effect of the usual transfer of creditor's rights. However, the endorser who indorses after this date shall still be responsible for the bill.
25. Li insured whole life insurance for his son on the condition of death, with a term of 5 years and a lump sum premium. Two years later, his son was sentenced to death and executed for robbery. Li asked the insurance company to fulfill its obligation of compensation. In this regard, how should insurance companies respond?
A. pay the insurance premium according to the contract.
B. according to the premium paid by Li, it will be refunded according to the cash value of the policy.
C. There is no obligation to pay the insurance money, and there is no need to return the insurance money.
D the contract can be terminated, but the insurance premium should be returned in full.
Answer: b
Analysis: Article 67 of the Insurance Law stipulates that the insured intentionally commits a crime, resulting in his own disability or death. However, if the insured pays the insurance premium for more than 2 years, the insurer shall return the cash value according to the insurance policy.
26. After two ships flying different flags collided on the high seas, they sailed into our ports one after another and filed a claim with our maritime court. According to China's maritime law, what law should be applied in the trial of this case by Chinese courts?
A. If Ship A arrives at the port first, the laws of the flag country of Ship A shall apply.
B if ship b is the defendant, the laws of the flag state of ship b shall apply.
C. The laws of China should be applied.
D. international conventions on ship collision should be applied.
Answer: c
Analysis: Article 273 of the Maritime Law stipulates that the law of the place where the court accepts the case shall apply to the compensation for damage caused by collision of ships on the high seas. No matter where ships of the same nationality collide, the laws of the flag state shall apply to the compensation for damages between colliding ships.
27. A wholly foreign-owned enterprise was established with the approval of S Municipal People's Government. Now the enterprise wants to use the factory building as collateral and borrow100000 yuan from the bank. Which of the following options is effective for the mortgage behavior of enterprises?
A. it must be registered by the administrative department for industry and commerce.
B: It must be approved by the People's Bank of China.
C it must be approved by the foreign economic relations and trade department of the State Council.
D it must be approved by the municipal people's government and reported to the administrative department for industry and commerce for the record.
Answer: d
Analysis: Article 23 of the Detailed Rules for the Implementation of the Law on Foreign-funded Enterprises stipulates that foreign-funded enterprises must be approved by the examination and approval authorities and filed with the administrative department for industry and commerce.
28. Company A in China and Company B in Japan plan to establish a Sino-foreign joint venture. Which of the following contract terms is illegal?
A The registered capital of the joint venture is expressed in US dollars.
2. During the joint venture, the price of the land use right contributed by the Chinese side will not be adjusted.
C. The financial and accounting reports prepared by the joint venture shall be calculated and expressed in US dollars.
The resolution to increase or decrease the registered capital of a joint venture shall be unanimously adopted by the board of directors.
Answer: c
Analysis: Paragraph 2 of Article 18 of the Regulations for the Implementation of the Law on Chinese-foreign Joint Ventures stipulates that the registered capital of a joint venture shall generally be expressed in RMB or in a foreign currency agreed by the parties to the joint venture. Paragraph 2 of Article 48 stipulates that the site use fee shall not be adjusted within the term of the contract if it is invested by a China joint venture. Paragraph 2 of Article 75 stipulates that the financial and accounting reports of a joint venture with foreign currency as its bookkeeping base currency shall be converted into RMB. Paragraph 1 of Article 33 stipulates that the following matters shall be unanimously approved by the directors present at the board meeting before a resolution can be made: (1) Amend the articles of association of the joint venture; (2) Suspension and dissolution of the joint venture; (3) the increase or decrease of the registered capital of the joint venture; (4) Merger and division of joint ventures.
29. Wanmou entrusts his sole proprietorship enterprise to study abroad, and authorizes him to decide his own expenses and transactions within 50,000 yuan. If the third party doesn't know about this authorization, which of the following acts Chen Mou committed during the period of accepting the authorization is prohibited or invalid by the laws of China?
A. Sign a contract with a company with a transaction amount of 6,543,800 yuan without the consent of Wan.
B sell the house to the enterprise at a price of 6,543,800 yuan without the consent of Wan.
C. Pay 80,000 yuan to advertise to a TV station without Wan's consent.
D. Hire his wife as the sales supervisor of the enterprise without Wan's consent.
Answer: b
Analysis: According to Article 20 of the Law on Sole proprietorship Enterprises, the personnel entrusted or hired by investors to manage the affairs of sole proprietorship enterprises shall not commit the following acts, conclude contracts or conduct transactions with this enterprise without the consent of investors. ...
30. Party A, Party B and Party C are engaged in automobile transportation business in partnership. Because business is good, A wants his younger brother Ding to join in, B agrees, and C opposes. Party A arranges Ding to participate in the operation on the grounds that most people agree. A car accident occurred after the partnership, resulting in a loss of 50 thousand yuan. Four people appealed to the court for loss sharing of 50,000 yuan. How should this case be handled?
Party A, Party B and Party D each share 50,000 yuan.
B.50,000 yuan shall be shared by Party A, Party B, Party C and Party D..
Party C, Party A, Party B and Party C each contribute 50,000 yuan.
D. Party A, Party B and Party C shall bear most of it, and Party D shall bear a small part.
Answer: c
Analysis: Paragraph 1 of Article 44 of the Partnership Enterprise Law stipulates that one of the conditions for joining a partnership enterprise is that all partners must agree. In this question, C opposes it, so D is not a partner and does not share the losses of the partnership.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.