Analysis of real questions from the 2002-2008 Judicial Examination on Business Law - Single-choice questions
1. Single-choice questions:
(2002)
19. If the original endorser records the words "not transferable" on the bill of exchange, which of the following statements is correct?
A. If the holder endorses and transfers the instrument again, the endorsement will be invalid
B. Under certain conditions, the holder can endorse and transfer the instrument again
C. If the holder endorses and transfers the bill again, the original endorser will not be responsible for the current holder
D. This bill can only be endorsed with the words "entrusted collection" , the word "pledge" cannot be recorded in the endorsement
Answer: C
Analysis: According to the provisions of Article 34 of the "Negotiable Instruments Law", the endorser records the words "not transferable" on the bill of exchange. If a subsequent endorsement transfer is made, the original endorser shall not be liable for the subsequent endorsee.
20. A takes out a life insurance policy for himself and designates his wife as the beneficiary. A has a 4-year-old son, and A’s mother is 50 years old and lives alone. One day, A died in a traffic accident. How should the insurance money from this insurance be handled according to law?
A. Should be inherited as an inheritance by wife A, Jiazi, and mother *** together
B. Should be inherited by wife A alone as an inheritance
C .Should be inherited by wife A and son Jia as inheritance
D. All should be paid to wife Jia
Answer: D
Analysis: Article 22 of the Insurance Law Paragraph 3 stipulates: "The beneficiary refers to the person designated by the insured or the policy holder in the personal insurance contract who has the right to claim insurance benefits." In a personal insurance contract, after an accident within the scope of insurance liability occurs, the insurer shall perform the obligation to pay the insurance money to the beneficiary. This will only happen if no beneficiary is designated or the beneficiary dies before the insured and there are no other beneficiaries or the beneficiary loses Or the issue of inheritance of insurance money only arises when the beneficiary rights are given up.
(2003)
13. Sihai Company, whose residence is in Changchun, established a branch in Beijing. The branch signed a house leasing contract with Beijing Shida Company in its own name, leasing one floor of Shida Company's building with an annual rent of 300,000 yuan. The current branch has a dispute with Shida Company due to rent arrears. Which of the following judgments is correct?
A. The house rental contract is valid, and the legal liability is borne independently by the parties to the contract
B. The branch does not have the qualifications of a civil subject and does not have the authorization of Sihai Company, so the rental contract is invalid.
C. The contract is valid, and the legal liabilities arising under the contract shall be borne by Sihai Company
D. The contract is valid, and the legal liabilities arising under the contract shall be borne by Sihai Company and its branches Joint liability
Answer: C
Analysis: A legal person branch is a relatively independent legal person component established with the legal person's property. Article 13, paragraph 1, of my country's Company Law stipulates that a company may establish a branch. The branch does not have the qualifications of an enterprise legal person, and its civil liability shall be borne by the company. Therefore, I choose C.
14. Citizen A purchased a child safety growth insurance for his 5-year-old son C through insurance agent B. The insurance company is D. Which of the following statements about this case is correct?
A. The insurance contract shall not contain clauses that require the death of C as a condition for payment of insurance benefits
B. The beneficiary’s right to request payment of insurance benefits from D shall not occur until the beneficiary becomes aware of the insured event. It will be extinguished if not exercised within 5 years from the date of occurrence
C. When an insured accident occurs, B and D shall be jointly and severally liable for the payment of insurance money
D. Insurance agent B only It can be a company established in accordance with the law, but cannot be an individual
Answer: B
Analysis: According to Article 27 of the "Insurance Law": "The insured or beneficiary of other insurances other than life insurance A person's right to request compensation or payment of insurance benefits from the insurer shall be extinguished if he does not exercise it within two years from the date when he becomes aware of the occurrence of the insured accident.
The right of the insured or beneficiary of a life insurance policy to request payment of insurance benefits from the insurer shall be extinguished if it is not exercised for five years from the date when the insured becomes aware of the occurrence of the insured accident. "Article 55: "The policy holder shall not purchase personal insurance for persons without capacity for civil conduct that requires death as a condition for payment of insurance benefits, and the insurer shall not underwrite the insurance. The life insurance purchased by parents for their minor children is not subject to the provisions of the preceding paragraph, but the total amount of death benefit insurance shall not exceed the limit prescribed by the insurance regulatory agency. "Article 125: "An insurance agent is a unit or individual who collects agency fees from the insurance company based on the authorization of the insurance company and handles insurance business on its behalf within the scope authorized by the insurance company. "Article 128: "The insurance agent shall bear the liability for the act of handling insurance business on behalf of the insurance agent based on the authorization of the insurance company. If an insurance agent handles insurance business on behalf of the insurer and acts beyond the authority of the agency, and the policyholder has reason to believe that it has agency authority and has entered into an insurance contract, the insurer shall bear the insurance liability; however, the insurer may pursue the insurance agent who exceeds its authority in accordance with the law. Human Responsibility. ”
15. Zhang endorsed and transferred a bill of exchange with a face value of 100,000 yuan to Li as the purchase price of the house. Li accepted the bill and endorsed the transfer to a third party. If Zhang and Li If the house sales contract between two parties is terminated by consensus, which of the following rights can Zhang exercise?
A. Request Li to return the money order
B. Request Li to return 100,000 yuan in cash?
C. Request the third party who received the bill from Li to return the bill
D. Request the payer to stop paying the money on the bill
Answer: B
Analysis: The bill is a non-caused security. The legal relationship on the bill is a simple monetary payment relationship. The obligee's right to the bill is only necessary to hold a valid bill that complies with the provisions of the Negotiable Instruments Law. The reason for the occurrence of the bill does not matter. Even if the reason is invalid or defective, it will not affect the validity of the bill. Therefore, Zhang can request Li to return the price based on unjust enrichment under civil law. The item is incorrect.
16. A certain partnership is named "Xingda Trading Company", in which A invests 60%, B and C each invest 20%, and A is elected as the person in charge. In a lawsuit against D, the debtor of Xingda Commercial Bank, A waived Xingda Commercial Bank's claim against D for RMB 50,000 without consulting B and C. How should the validity of A's abandonment of the claim be determined after B and C found out and objected. ?
A. It is a valid act
B. It is an invalid act
C. It is a revocable act
D. Its validity is undetermined Behavior
Answer: A
Analysis: A partner who performs partnership affairs represents the partnership to the outside world. The income generated by the execution of partnership affairs belongs to all partners, and the losses incurred or Civil liability is borne by all partners. Therefore, choose A.
17. Company B received a bill of exchange for 3 million yuan in a transaction with Company A, and Company B requested acceptance as the payee. At that time, Company C endorsed the bill of exchange: “Acceptance. Company A will pay after the payment is received. "Which of the following statements about Company C's payment responsibility is correct?
A. Company C has accepted the payment and should bear the payment responsibility
B. Company C should be deemed to have refused to accept the payment. The company does not bear the payment responsibility
C. After Company A pays Company C, Company C assumes the payment responsibility
D. Company C’s liability is determined based on the amount paid by Company A to Company C. Responsibility for payment
Answer: B
Analysis: According to Article 43 of the Negotiable Instruments Law, the payee shall not attach conditions to the acceptance of the bill; if the acceptance is accompanied by conditions, it shall be deemed to be To refuse the acceptance, choose B.
18. Chen insured his car with the insurance company. One day, his car was damaged by the landlord’s son (a minor), which cost Chen 1,500 yuan to repair. Then he reached an agreement with the landlord: the landlord waived 1,300 yuan for Chen's rent for two months, and Chen no longer required the landlord to compensate for the car repair costs. Chen later reported the accident to the insurance company for compensation.
In this situation, which of the following is correct?
A. The insurance company should compensate 1,500 yuan
B. The insurance company should compensate 200 yuan
C. The insurance company should compensate 1,300 yuan
D. The insurance company is no longer liable for compensation
Answer: D
Analysis: According to Article 46 of the "Insurance Law": "After the insured accident occurs, the insurer fails to compensate the insurance money Previously, if the insured waived its right to claim compensation from a third party, the insurer would not be liable for compensation. After the insurer compensated the insured, the insured waived its right to claim compensation from the third party without the consent of the insurer. If the insured is unable to exercise the right to claim compensation due to the fault of the insured, the insurance company may deduct the insurance compensation accordingly." So choose D.
19. Which of the following classifications of companies is based on the company’s credit base?
A. Head office and branches
B. Parent company and subsidiaries
C. Renhe companies and joint venture companies
D. Closed companies and open companies
Answer: C
Analysis: Items A and B are classified based on the relationship between companies. Item D is based on the method of share transfer as the standard classification. Item C is consistent with the meaning of the question.
20. When a foreign company applied to the Chinese government to establish a foreign-invested enterprise, the following situations occurred. Which one of them violated the provisions of Chinese law?
A. The foreign-funded enterprise was established with exclusive investment by the applicant
B. The applicant requested that the foreign-funded enterprise be registered as a limited liability company
C. The applicant Statement that the foreign-funded enterprise will use advanced technology and equipment, but only 40% of its products will be exported
D. The applicant declares that the foreign-funded enterprise's various insurances will be insured by insurance companies outside China
Answer: D
Analysis: All capital of foreign-funded enterprises is invested by foreign investors. Foreign investors can be companies, enterprises, other economic organizations or individuals. The organizational form of a foreign-funded enterprise is generally a limited liability company. The liability of foreign investors to the enterprise is limited to the amount of capital contribution it has subscribed. The foreign-invested enterprise shall bear liability for its debts with all its assets. Therefore, items A and B are correct. The establishment of foreign-invested enterprises must be conducive to the development of China's national economy. The state encourages the establishment of foreign-invested enterprises that export products or have advanced technology. But there is no specific ratio requirement, so C is correct. D According to Article 16 of the Foreign-Invested Enterprise Law, all insurances of foreign-invested enterprises must be insured by insurance companies within China. Therefore, D is wrong, choose D.
(2004)
22. A foreign businessman consulted a lawyer: "Among the international intellectual property conventions that China has participated in, which international convention is The broadest scope of protection, the highest level of protection, the strongest protection, and the strongest restriction? "Which of the following answers from the lawyer is correct?
A. World Intellectual Property Organization Convention
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 main international intellectual property treaties that my country has participated in include: Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), Paris for the Protection of Industrial Property Convention, Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention, Madrid Agreement on the International Registration of Marks, Patent Cooperation Treaty, etc. Among them, the TRIPS Agreement in the World Trade Organization is considered to be an international convention in the field of intellectual property protection worldwide that covers a wide range of areas, has a high level of protection, is strong in protection, and has strong restrictive power. played an important role.
23. Company A and Company B signed a sales contract, stipulating that Company B should deliver the goods before August 30, and Company A would pay within 7 days of the goods arriving. On August 10 of the same year, Company A was declared bankrupt by the court in accordance with the law.
Which of the following options is correct regarding the treatment of this contract?
A. The liquidation group decides to terminate or continue to perform
B. Enterprise A decides independently whether to terminate or continue to perform
C. The creditors meeting decides to terminate or continue to perform Continue to perform
D. Shall not continue to perform
Answer: A According to the current legal provisions, 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 has not been fully performed by both the debtor and the other party, and notifies the other party. If the administrator fails to notify the other party within two months from the date of acceptance of the bankruptcy application, or fails to respond within 30 days from the date of receipt of the other party's reminder, the contract will be deemed to have been terminated. If the administrator decides to continue to perform the contract, the other party shall perform it; however, the other party has the right to require the administrator to provide a guarantee. If the manager fails to provide guarantee, the contract will be deemed to be terminated. Therefore, the administrator has the right to decide to terminate or continue to perform a contract that was entered into by the bankrupt before the bankruptcy was declared but has not been performed or has not been fully performed, but the liquidation team, Company A itself, and the creditors' meeting have no right to decide, so this question is not correct. Answer.
24. Company A issued a bill of exchange to Company B on April 6, 2004, with a maturity date of July 6, 2004. Company B proposed acceptance to the payer on May 6, 2004, but was rejected. Company B then endorsed and transferred the bill of exchange to Company C. What is the nature of Company B's endorsement on this bill of exchange?
A. Back-end endorsement
B. Restricted endorsement
C. Post-term endorsement
D. Conditional endorsement
Answer: C
Explanation: Post-term endorsement refers to the endorsement made when the bill is refused acceptance, payment is refused, or the payment reminder period is exceeded. According to the provisions of Article 36 of the Negotiable Instruments Law, a post-term endorsement shall be an invalid endorsement and shall not have the effect of a general endorsement, but shall only have the effect of an ordinary transfer of claims. However, the indorser who endorses the instrument after the expiration date is still liable for the instrument.
25. Li has purchased a life insurance for his son with death as the condition for payment of insurance benefits. The term is 5 years and the premium has been paid in full in one lump sum. Two years later his son was sentenced to death for robbery and executed. Li asked the insurance company to fulfill its compensation obligations. How should insurance companies deal with this?
A. Pay the insurance premium in accordance with the contract
B. Based on the premium paid by Li, it will be refunded according to the cash value of the policy
C. No need to bear the responsibility The obligation to pay insurance premiums will not return the insurance premium
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 commits an intentional crime that results in his or her own disability or death. However, if the policy holder has paid insurance premiums for more than 2 years, the insurer shall refund the cash value according to the insurance policy.
26. After two ships A and B flying different national flags collided on the high seas, they successively sailed into our country’s ports and filed a claim lawsuit in our country’s maritime court. According to my country's Maritime Law, what law should be applied by the Chinese courts in hearing this case?
A. If ship A arrives at the port first, the laws of ship A’s flag state shall apply
B. Ship B is the defendant, and the laws of ship B’s flag state shall apply
C. Chinese laws should be applied
D. International conventions on ship collision should be applied
Answer: C
Analysis: Article 273 of the Maritime Law Article 1 stipulates that compensation for damages caused by a collision of ships on the high seas shall be governed by the law of the location of the court that accepts the case. For ships of the same nationality, regardless of where the collision occurs, the damage compensation between colliding ships shall be governed by the law of the flag state.
27. A wholly foreign-owned enterprise was established with the approval of the People’s Government of S City. Now the company wants to borrow 10 million yuan from a bank using its factory building as collateral.
Which of the following options is valid for the company's mortgage behavior?
A. Must be approved by the registered industrial and commercial administrative agency
B. Must be approved by the People's Bank of China
C. Must be approved by the State Council's foreign economic and trade director Department approval
D. Must be approved by the S Municipal People's Government and reported to the industrial and commercial administration for record
Answer: D
Analysis: "Detailed Implementation Rules of the Foreign-Invested Enterprise Law" "Article 23" stipulates that foreign-invested enterprises that mortgage or transfer their property or rights and interests to other parties must obtain approval from the approval authority and file with the industrial and commercial administration authority.
28. Chinese Company A and Japanese Company B plan to jointly 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
B. The price of the land use rights used by the Chinese party to contribute capital shall not be adjusted during the joint venture period
C .The financial and accounting reports prepared by the joint venture shall be calculated and expressed in US dollars
D. The resolution to increase or decrease the registered capital of the joint venture must be unanimously approved by the board of directors
Answer: C
Analysis: Article 18, paragraph 2, of the "Regulations on the Implementation of the Sino-Foreign Joint Venture Law" stipulates that the registered capital of a joint venture shall generally be expressed in RMB, or it may be expressed in a foreign currency agreed upon by the parties to the joint venture. Paragraph 2 of Article 48 stipulates that if the venue usage fee is invested by a Chinese joint venturer, it shall not be adjusted during the term of the contract. Paragraph 2 of Article 75 stipulates that for a joint venture that uses a foreign currency as its accounting standard currency, its financial accounting reports shall be converted into RMB. Paragraph 1 of Article 33 stipulates that the following matters must be unanimously approved by the directors attending the board meeting: (1) Modification of the articles of association of the joint venture; (2) Suspension and dissolution of the joint venture; (3) Increase in the registered capital of the joint venture Increase or decrease; (4) Merger or division of joint ventures.
29. Wan entrusted Chen with the management of his sole proprietorship because he was studying abroad, and authorized Chen to make his own decisions on expenses within 50,000 yuan and transactions within 500,000 yuan. Assuming that the third party is unaware of this authorization, which of the following acts performed by Chen during his entrustment is prohibited or invalid by Chinese law?
A. Signed a contract with a transaction amount of 1 million yuan with a company without Wan’s consent
B. Sold his house for 10,000 yuan without Wan’s consent This enterprise
C. paid 80,000 yuan in advertising fees to a TV station without Wan’s consent
D. hired Wan’s wife as the company’s sales manager without Wan’s consent
Answer: B
Analysis: According to the provisions of Article 20 of the "Sole Proprietorship Law", the persons entrusted or hired by the investor to manage the affairs of the sole proprietorship shall not engage in the following acts. Agree to enter into a contract or conduct transactions with this enterprise...
30. A, B, and C operate a vehicle transportation business in partnership. Because business is good, A wants his younger brother Ding to join the partnership. B agrees, but C objects. A arranges for D to participate in the operation on the basis of majority consent. Later, a traffic accident occurred in the car operated by the partnership, causing a loss of 50,000 yuan. Four people sued the court to share the loss of 50,000 yuan. How should this case be handled?
A. 50,000 yuan shared by A, B, and D
B. 50,000 yuan shared by A, B, C, and D
C. A, B, and C share 50,000 yuan
D. A, B, and C bear the majority, and D bears the small portion
Answer: C
Analysis : Paragraph 1 of Article 44 of the "Partnership Law" stipulates that one of the conditions for joining a partnership is the consent of all partners. In this question, C objects, so D is not a partner and does not share in the losses of the partnership.
Extended reading: How to buy insurance, which one is better, and step-by-step instructions to avoid these "pitfalls" of insurance