题目内容（请给出正确答案）

[主观题]

Mr Liu entered into an agreement to buy a second-hand car from Mr Feng at a price of RMB 5

0,000 yuan. After the conclusion of the agreement, Mr Liu paid the price and Feng delivered the car to Mr Liu. The two parties, however, did not register the sale of the car. Following the sale Mr Liu took the car to a repair shop to repair the air conditioner. After the completion of the repair and on the way home, a fire accident occurred due to the defect of the air conditioner and caused serious damage to the car.

Mr Liu returned to the repair shop claiming compensation for the defect of the air conditioner. The repair shop insisted that it was not liable for the fire accident and the resulting damage to the car. In addition, after retrieval of the data from the local vehicles registration centre, the repair shop found that the registered owner of the car was still Mr Feng, not Mr Liu. Under such a situation it refused to discuss the dispute any more with Mr Liu, on the ground that he was not a legitimate owner of the car. When Mr Liu asked Mr Feng to negotiate with the repair shop, Mr Feng was reluctant to do so on the ground that the transaction between them was over since he had duly delivered the car to Mr Liu.

Required:

Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:

(a) state the rule as to the passing of ownership for a car as a kind of movables, and the effect of the agreement between the two parties; (4 marks)

(b) state who should be the legitimate owner of the car; (4 marks)

(c) state whether the repair shop should be liable for the damaged car if the fire was caused by the defect of the air conditioner. (2 marks)

查看答案

如搜索结果不匹配，请联系老师获取答案

您可能会需要：

重置密码查看订单联系客服

安装上学吧APP，拍照搜题省时又省心！

更多“Mr Liu entered into an agreeme…”相关的问题

第1题

In relation to the Securities Law of China:(a) state, and explain the duties of, the relev

In relation to the Securities Law of China:

(a) state, and explain the duties of, the relevant personnel of a listed stock company who are responsible for the disclosure of information in the company’s regular reports; (4 marks)

(b) state the legal liabilities of an issuer, a listed stock company and the relevant personnel for failing to disclose information, or disclosing false, misleading or omitted information. (6 marks)

点击查看答案

第2题

In relation to the Enterprise Bankruptcy Law of China:(a) state the rules on the circumsta

In relation to the Enterprise Bankruptcy Law of China:

(a) state the rules on the circumstances to declare the creditor’s right, including what is not required to be declared; (4 marks)

(b) state the rules with respect to joint and several creditors/debtors during the course of declaration of the creditor’s right. (6 marks)

点击查看答案

第3题

In relation to the Company Law of China:(a) state the circumstances under which a joint st

In relation to the Company Law of China:

(a) state the circumstances under which a joint stock company may purchase its own shares; (6 marks)

(b) state the reasons why a joint stock company is generally not allowed to purchase its own shares, except under special circumstances. (4 marks)

点击查看答案

第4题

In relation to the Contract Law of China:(a) explain the term ‘liquidated damages’, and st

In relation to the Contract Law of China:

(a) explain the term ‘liquidated damages’, and state the legal nature of them; (2 marks)

(b) state the rules relating to the award of liquidated damages; (6 marks)

(c) state the rule relating to the award of liquidated damages for delay in performing the contractual obligation. (2 marks)

点击查看答案

第5题

In relation to the Labour Contract Law of China:(a) explain the circumstances that make a

In relation to the Labour Contract Law of China:

(a) explain the circumstances that make a labour contract invalid or partially invalid in the process of concluding it; (3 marks)

(b) explain the provisions contained in a labour contract that would be regarded as invalid or partially invalid; (3 marks)

(c) state the provisions concerning liquidated damages for breach of a labour contract by an employee that may be incorporated into a labour contract. (4 marks)

点击查看答案

第6题

In relation to the Property Law of China:(a) explain the term ‘right to use the land for c

In relation to the Property Law of China:

(a) explain the term ‘right to use the land for construction’; (3 marks)

(b) state the forms to establish the right to use the land for construction; (3 marks)

(c) state the various forms of disposal in relation to the right to use the land for construction by the owner of such a right. (4 marks)

点击查看答案

第7题

In relation to the basic legal system of China:(a) explain the roles of judicial interpret

In relation to the basic legal system of China:

(a) explain the roles of judicial interpretations made by the Supreme People’s Court; (6 marks)

(b) state any one of the rules regarding the validity of a contract provided for in the judicial interpretations on the Contract Law by the Supreme People’s Court. (4 marks)

点击查看答案

第8题

Due to the failure to settle the debts due, Jianshe Garment Trading Co Ltd (Jianshe Co) wa

s declared bankrupt by its creditors. In October 2010 the court rendered an order to accept the application of bankruptcy and designated a bankruptcy administrator. During the process of bankruptcy liquidation the bankruptcy administrator found that Jianshe Co had given up a credit of RMB 200,000 yuan owed by its affiliate enterprise in August 2009.

The bankruptcy administrator also found that some shareholders of Jianshe Co failed to made full capital contributions as prescribed in the agreement of incorporation.

Required:

Answer the following questions in accordance with the Enterprise Bankruptcy Law of China, and give your reasons for your answer:

(a) (i) State whether the action of giving up credit can be revoked during the process of liquidation; (4 marks)

(ii) State whether the court should grant an order to revoke the act of giving up credit. (3 marks)

(b) State how to deal with the matter of the lack of full capital contributions by some of the shareholders of Jianshe Co. (3 marks)

点击查看答案

第9题

In October 2008 Ronger Properties Joint Stock Co successfully issued corporate bonds of RM

B 12 million yuan for three years. By the end of 2010 the net assets of Ronger Properties Joint Stock Co were RMB 80 million yuan. During the past two years it has been able to repay the interests due for the corporate bonds.

In order to expand its business, the board of directors of Ronger Properties Joint Stock Co adopted a resolution intending to issue another set of corporate bonds to the public investors.

Required:

Answer the following questions in accordance with the relevant provisions of the Securities Law of China, and give your reasons for your answer:

(a) State the maximum amount of corporate bonds Ronger Properties Joint Stock Co could issue for the proposed issuance. (5 marks)

(b) State whether the proposed issuance of corporate bonds should be underwritten by an underwriting syndicate. (4 marks)

(c) State the statutory period of underwriting for the proposed issuance. (1 mark)

点击查看答案

第10题

Yado Steel Co Ltd (Yado Steel) entered into a loan agreement with Industry Bank to borrow

RMB 20 million yuan for its expansion programme. Yado Steel provided its office building as property mortgaged for the debt, and made the registration as required. Mr Ding, one of the shareholders of Yado Steel, placed a guarantee letter of general liability in favour of Industry Bank.

Due to poor performance, Yado Steel failed to repay the debt when it came to maturity. Meanwhile, Industry Bank, under a restructuring plan, transferred the credit of RMB 20 million yuan together with the right of pledge to Oriental Assets Management Co (OAM). It also made a written notice to Yado Steel and Mr Ding, but failed to transfer the right of mortgage to OAM. On the contrary, Industry Bank concluded an agreement with Yado Steel before it went bankrupt, and settled other debts owed by the latter through the sale of the office building as mortgaged for the loan. Having found this fact, OAM, as a transferee of the credit, requested the court to order Mr Ding to bear its guarantor’s liability for the debt. Mr Ding asserted that he was a pledger with a general liability and would be responsible for the debt only if the things mortgaged could not satisfy the debt.

Required:

Answer the following questions in accordance with the relevant provisions of the Property Law and the Contract Law, and give your reasons for your answer:

(a) State whether the defence of Mr Ding should be supported by the court. (6 marks)

(b) State what was the cause of this dispute between OAM and Industry Bank. (4 marks)

点击查看答案

热门考试全部 >

2022年威海市专业技术人员继续教育公需科目考试试题及答案 2022年绵阳市专业技术人员继续教育公需科目考试试题及答案 2022年宜宾市专业技术人员继续教育公需科目考试试题及答案 2022年潍坊市专业技术人员继续教育公需科目考试试题及答案 2022年浙江省专业技术人员继续教育公需科目考试试题及答案 2022年河南省执业药师继续教育公需科目考试试题及答案 2022年自贡市专业技术人员继续教育公需科目考试试题及答案 2022年陕西省专业技术人员继续教育公需科目考试试题及答案 2022年江西省专业技术人员继续教育公需科目考试试题及答案 2022年吉林省专业技术人员继续教育公需科目考试试题及答案

相关试卷全部 >

2024年企业人力资源管理师三级（专业能力）模拟试卷（十）2024年企业人力资源管理师三级（专业能力）模拟试卷（九）2024年企业人力资源管理师三级（专业能力）模拟试卷（八）2024年企业人力资源管理师三级（专业能力）模拟试卷（七）2024年企业人力资源管理师三级（专业能力）模拟试卷（六）2024年企业人力资源管理师三级（专业能力）模拟试卷（五）2024年企业人力资源管理师三级（专业能力）模拟试卷（四）2024年企业人力资源管理师三级（专业能力）模拟试卷（三）2024年企业人力资源管理师三级（专业能力）模拟试卷（二）2024年企业人力资源管理师三级（专业能力）模拟试卷（一）

谢谢您的反馈

您认为本题答案有误，我们将认真、仔细核查，
如果您知道正确答案，欢迎您来纠错

开始纠错>>>

警告：系统检测到您的账号存在安全风险

为了保护您的账号安全，请在“上学吧”公众号进行验证，点击“官网服务”-“账号验证”后输入验证码“”完成验证，验证成功后方可继续查看答案！

微信搜一搜

上学吧

点击打开微信

警告：系统检测到您的账号存在安全风险

抱歉，您的账号因涉嫌违反上学吧购买须知被冻结。您可在“上学吧”微信公众号中的“官网服务”-“账号解封申请”申请解封，或联系客服。

微信搜一搜

上学吧

点击打开微信