Answers to New Homework of Introduction to Economic Law
Homework 1:
I. Multiple choice questions
1、D 2 A、3 A、4 C、5 D、6 D、7A、8D、9C、 10B
Second, multiple choice questions
1CDE 2CDE 3CDE 4ABCDE 5ABCDE
Third, the judgment question
1 right 2 right 3 wrong 4 wrong 5 wrong 6 right 7 right 8 wrong 9 wrong 10 wrong
Fourth, short answer questions
1 in the textbook 19 and 20 pages 2, in the textbook 27 pages.
Verb (abbreviation of verb) case analysis answer
(1) The consignment contract signed by Party A and Company A in the name of partnership is valid. According to the provisions of the Partnership Enterprise Law, a partnership enterprise shall not oppose an uninformed and bona fide third party when restricting its partners' rights to carry out partnership affairs and represent the partnership enterprise externally. In this topic, although partner A has exceeded the internal restrictions of the partnership, company A is a bona fide third party, so the consignment contract signed between company A and company A in the name of the partnership is valid.
(2) Ding's claim cannot be established. According to the provisions of the Partnership Enterprise Law, the quitter shall be jointly and severally liable with other partners for the debts of the partnership enterprise that occurred before his withdrawal. If Party D repays the debt of 240,000 yuan to Company A, Party D can recover from partners A, B, C and E, and the amount of recovery is 240,000 yuan. According to the analysis, the quitter (externally) is jointly and severally liable for the partnership debts incurred before quitting the partnership, but in the partnership (internally), he is not liable for the partnership debts.
(3) The claim of Company E cannot be established. According to the provisions of the Partnership Enterprise Law, the newly-joined partners shall be jointly and severally liable for the debts of the partnership enterprise before joining the partnership enterprise.
(4) Party A's act of employing Party B as the manager of the partnership enterprise and providing guarantee for Company C is not in compliance with the regulations. According to the provisions of the Partnership Enterprise Law, when a partnership entrusts one or more partners to carry out partnership affairs, it must be unanimously agreed by all partners to "provide guarantees for others in the name of the partnership enterprise" and "employ people other than partners as the management personnel of the partnership enterprise".
(5) The practice of partnership enterprises does not conform to the law. According to the provisions of the Partnership Enterprise Law, if a partner is forced by the people's court to implement all his share of property in the partnership enterprise, it is natural to quit the partnership. Of course, the effective date of withdrawal is the date when legal reasons actually occur.
(6) Inform Partner Ding to quit the partnership. According to the provisions of the Partnership Enterprise Law, the notice of withdrawal of a partner shall meet the following conditions: ① the partnership agreement does not stipulate the operating period of the partnership enterprise; (2) The withdrawal of partners will not adversely affect the implementation of partnership affairs; ③ Notify other partners 30 days in advance.
Formative homework 2
I. Multiple choice questions
1C 2B 3D 4D 5A 6D 7A 8D 9A 10A
Second, multiple choice questions
1 ABC 2 ABC de 3 ABC de 4 ABC 5 ABCD
Three true and false questions
1 right 2 wrong 3 wrong 4 right 5 right 6 wrong 7 right 8 wrong 9 right 10 right.
Fourth, short answer questions
1, in the textbook page 73 2, in the textbook page 87.
Five case analysis questions
1. A: The provisions in this clause are:
(1) Article 1 The company is composed of three parties. According to the company law, the number of shareholders of a limited liability company is more than 2 and less than 50. (2) Article 5 The company shall set up a board of directors, and the chairman shall be responsible for the work of the board of directors. According to the company law, limited liability
Any company should generally set up a board of directors.
The remaining clauses are not in compliance with the law:
(1) According to the Company Law, the minimum registered capital for establishing a limited company mainly engaged in production and operation is 500,000 yuan, but the 300,000 yuan stipulated in Article 2 does not meet the requirements; (2) The amount of investment in the form of discount of patent rights and know-how as stipulated in Article 3 exceeds 20% of the registered capital of a limited company as stipulated in the Company Law, which is not in conformity with the provisions; (3) According to the Company Law, a limited company enjoys profit distribution and bears risks according to the proportion of investors. Therefore, the profit distribution plan agreed in Article 4 does not meet the requirements; (4) According to the Company Law, the legal representative of a limited company is the chairman or executive director, not the manager. Therefore, Article 6 stipulates that the manager as the legal representative does not meet the requirements; (5) According to the Company Law, during the company's existence, its capital contribution shall not be withdrawn. If it is really necessary to withdraw from the investment, it shall be carried out in the form of transfer of investment. Therefore, the agreement in Article 7 does not conform to the provisions.
Case 2 Answer:
Please refer to the statutory conditions for the company to issue new shares and its handling regulations. Please supplement this part by yourself and refer to the textbook. In addition to the resolution made by the shareholders' meeting, the initial public offering of shares shall be approved by the relevant departments and the relevant contents shall be announced. Otherwise, you will be fined or even bear criminal responsibility.
Formative homework 3
I. Multiple choice questions1b23c4c5a6a7a8d9c10c
Second, multiple choices1abcde2cde3bcd4abcd5ce
Three. True or false questions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
4. Short answer questions 1, textbooks 120 2, textbooks 139.
Five case analysis answers:
1 Answer: (1) The act of factory B filling out the contract and handing it over to the director of factory A;
(2) After receiving the deposit;
(3) effective. Only part of the contract has changed;
(4) yes;
(5) the transportation company bears the responsibility;
(6) no rights;
(7) Have the right to refuse to pay;
(eight) special provisions of the commitment.
Case 2
Case answer:
Answer: (1) The behavior of Factory B has the dual nature of violating trademark registration management and trademark infringement. First of all, the behavior of factory B violates the compulsory registration provisions in China's Trademark Law; According to this regulation, those who produce and sell tobacco products must use registered trademarks, otherwise they may not be sold in the market. For this illegal act of Factory B, the administrative department for industry and commerce may order it to register within a time limit and impose a fine. Secondly, the behavior of Factory B infringes the exclusive right to use a registered trademark of Factory A: according to the provisions of China's Trademark Law, using the same or similar trademark on the same commodity without the permission of the registered trademark owner constitutes trademark infringement. The administrative department for industry and commerce or the people's court may, at the request of Factory A, order Factory B to stop the infringement, compensate for the losses, and may also impose a fine. (2) If Factory B bears the responsibility of illegal infringement and reaches a trademark license agreement with Factory A, both parties shall also abide by the following provisions: 1) In addition to the written agreement, Factory A, as the licensor, must also submit a copy of the contract to the administrative department for industry and commerce for the record; Otherwise, the contract is invalid. 2) According to the principle of combining trademark management with quality management in China, Factory A, as a licensor, has the obligation to supervise the quality of cigarettes with its registered trademark used by Factory B; As a licensee, Factory B must ensure the quality of cigarettes using the registered trademark of Factory A. ..
Formative task 4
I. Multiple-choice questions1a2a3c45a6a7a8c9b10c
Second, multiple-choice questions 1AB 2 ABC 3ABCD 4 DE 5 BCDE
Three true and false questions 1 right 2 wrong 3 right 4 wrong 5 right 6 right 7 wrong 8 right 9 wrong 10 wrong.
Four short answers in the textbook 198 1 free, fixed and compulsory 2.
Case 1
A: (1) According to Article 19 of the Law on Commercial Banks, a commercial bank should set up branches in People's Republic of China (PRC) and allocate working capital appropriate to its business scale. The sum of working capital allocated to each branch shall not exceed 60% of the total capital of the head office. The behavior under the above circumstances does not conform to the provisions of this article.
(2) Wuxi Branch cannot bear the responsibility independently. According to the provisions of the Law on Commercial Banks, branches of commercial banks do not have legal person status, and conduct business according to law within the scope authorized by the head office, and their civil liabilities shall be borne by the head office. However, the branch has the qualification of litigation subject.
Case 2
A: The Consumer Law stipulates that "business operators should guarantee the quality, performance, use and expiration date of the goods or services they provide under the normal use of goods or services; However, unless the consumer knows that the goods are defective before purchasing or receiving services. If an operator indicates the quality of goods or services by advertisements, product descriptions, physical samples or other means, it shall ensure that the actual quality of the goods or services it provides is consistent with the indicated quality. " Xu decided to buy the manufacturer's security door only because of the 20 thousand yuan insurance premium promised by the manufacturer when advertising. In its advertisement, the manufacturer promised to insure the room for purchasing its security door for 20,000 yuan, and its behavior should be consistent with its guaranteed service. So the manufacturer should compensate for the loss.