题目内容
（请给出正确答案）
A.Costs for litigations on bankruptcy cases
B.Expenses for the administration of the debtor’s assets
C.Liabilities generated from any damage caused by the debtor’s assets
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更多“After a court accepts an appli…”相关的问题
After all efforts in vain, he had to accept the result______.
A．regularly
B．shallowly
C．physically
D．painfully
Buyer made the advance payment, but Seller did not deliver any goods. Buyer urged Seller to deliver the goods immediately, as its production would be seriously affected by the short supply of the goods. However, Seller declared force majeure as the reason for non-delivery. Seller insisted that it was only a trading company, not a producer of the chemical products. Seller alleged that upon the conclusion of the contract, it entered into a purchase agreement with a producer to buy the goods from the latter. Due to a fire accident, the producer could not supply the goods under the purchase agreement; Seller therefore could not deliver the goods to Buyer. Non-delivery of goods was due to force majeure that caused the failure to supply the goods by the producer to Seller.
Buyer refused to accept Seller’s argument and bought 10,000 kg of the same products for replacement at a price of RMB 220 yuan/kg, resulting in a total extra cost of RMB 200,000 yuan. Meanwhile it filed a lawsuit against Seller in the court, requesting liquidated damages of RMB 400,000 yuan (20% of the total price) and the damages of RMB 200,000 yuan for extra price caused for the urgent purchase.
Required:
Answer the following questions in accordance with the relevant provisions of the Contract Law, and give your reasons for your answer:
(a) state whether Seller’s argument of force majeure can be established; (5 marks)
(b) state whether Buyer’s claims for liquidated damages and damages should be supported by the court. (5 marks)
A.Between 30 days and 6 months
B.Between 30 days and 3 months
C.Between 15 days and 3 months
D.Between 10 days and 1 month
听力原文：M: Could your company accept bills of exchange payable 30 days after sight？
W: No, we don't accept any draft; instead, we usually make payment at sight.
Q: What can we infer from the conversation？
(19)
A．The man will probably wait for the payment for 30 days.
B．The man can get his payment right away.
C．The man will send an order to the company.
D．The woman will not pay the man at sight.
Due to the failure to settle the debts due, Jianshe Garment Trading Co Ltd (Jianshe Co) was 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)
Dalie Limited Liability Co (Dalie Co) applied to the people’s court for bankruptcy due to its poor business operations. On 30 April 2012, the people’s court rendered an order to accept the bankruptcy application and designated a bankruptcy administrator. At this moment, Dalie Co faced the following key financial matters:
(i) Construction Company had brought a lawsuit against Dalie Co for its delay to pay the construction price due, but the case was still pending for trial;
(ii) Dalie Co owed a loan totalling RMB 20 million yuan to Industry Bank, of which RMB 12 million yuan was secured by a guarantee agreement on the buildings of Dalie Co;
(iii) Dalie Co had provided a guarantee to Merchant Bank for a loan of RMB 10 million yuan borrowed by Jiqing Company. The loan has matured but Jiqing Company failed to repay the principal and interest.
Required:
Answer the following questions in accordance with the Enterprise Bankruptcy Law of China, and give your reasons for your answers:
(a) state how to deal with the pending disputes between Construction Company and Dalie Co; (3 marks)
(b) state how to deal with the loan of RMB 20 million yuan owed to Industry Bank; (3 marks)
(c) state whether Merchant Bank was entitled to declare the credit and join the bankruptcy procedure. (4 marks)
Mrs. Townsend's death had been covered up and it was discovered ______.
A．only yesterday
B．five months afterwards
C．two years afterwards
D．quickly
(c) On 1 May 2007 Sirus acquired another company, Marne plc. The directors of Marne, who were the only
shareholders, were offered an increased profit share in the enlarged business for a period of two years after the
date of acquisition as an incentive to accept the purchase offer. After this period, normal remuneration levels will
be resumed. Sirus estimated that this would cost them $5 million at 30 April 2008, and a further $6 million at
30 April 2009. These amounts will be paid in cash shortly after the respective year ends. (5 marks)
Required:
Draft a report to the directors of Sirus which discusses the principles and nature of the accounting treatment of
the above elements under International Financial Reporting Standards in the financial statements for the year
ended 30 April 2008.
To: Guangzhou People's Court
Plaintiff: Handcup Marketing
Domicile: No. 33, 4th Road, New York
Legal Representative: Qingguo Su
Position: Manager of Handcup Marketing
Defendant: South China Corporation
Domicile: No. 21 South Binjiang Road, Guangzhou
Legal Representative: Bai Mei
Position: Manager of the South China Corporation
CLAIMS:
1. To order the Defendant to pay to the Plaintiff 18,000,000 RMB, including 15,000,000 RMB for the dispatched products and 3,000,000 RMB for the interest.
2. To order the Defendant to pay for the court fees.
FACTS AND REASONS：
The defendant is the plaintiff's distributor in Southern China. From September 2010 to October 2011, the plaintiff issued all kinds of products worth 15,000,000 RMB to the defendant.(see Exhibit I)
Each of the said transactions was signed and received by the defendant (see Exhibit II). Although the plaintiff had repeatedly requested, the defendant failed to pay the debt on time.
The indebtedness arising out of the transactions between the plaintiff and the defendant shall be under the legal power of Chinese laws. The defendant refused to accept mediation. The plaintiff is now facing huge economic losses (see Exhibit III). Therefore, in accordance with relevant Chinese laws and regulations, the defendant should bear corresponding civil responsibility.
According to Articles 106 and 112 in the PRC General Civil Law, Article 108 in the PRC Civil Procedural Law and other related laws and regulations, the plaintiff hereby files this case with the court for your adjudication.
Plaintiff：Handcup Marketing
Date：May 14th, 2012
ATTACHMENTS：
1. One copy of the plaintiff's business license;
2. One copy of the original Certificate of the Legal Representative;
3. One copy of the original Power of Attorney;
4. Exhibit I: Invoices for each transaction;
5. Exhibit II: Receipts for each transaction;
6. Exhibit III: List of losses.
1. Handcup Marketing is suing South China Corporation of not paying for the transactions.{T; F}
2. Qingguo Su is a lawyer.{T; F}
3. The plaintiff has got well prepared before filing the lawsuit.{T; F}
4. The plaintiff didn't know which laws and regulations should be applied in this case.{T; F}
5. The defendant owed the plaintiff RMB 15,000,000 for the dispatched products.{T; F}
In June 2011 Mr Fang leased the same house to Ms Lee for a period of two years.
Due to the sudden change of the market and poor operation of his enterprise, Mr Fang was unable to repay the principal and interest as agreed when the loan matured at the end of January 2012. Credit Association filed a lawsuit in the people’s court and obtained a judgement in favour of its claim for the principal RMB 2 million yuan plus interest.
Credit Association then advised Ms Lee to leave the house, as it has been authorised by the people’s court to organise a public auction to sell the house for the enforcement of the judgement. Ms Lee refused to leave the house on the grounds that the lease agreement was an effective one between Mr Fang and herself and would last until the end of June 2013. In addition, Credit Association’s right of mortgagee should not affect her right under the lease agreement.
Required:
Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:
(a) state whether Ms Lee’s grounds for refusal to leave the house can be established. (5 marks)
(b) state how Ms Lee should deal with the current situation. (5 marks)
