试题与答案

甲公司因遗失汇票,向A市B区法院申请公示催告。在公示催告期间,乙公司向B区法院申报权

题型:多项选择题

题目:

甲公司因遗失汇票,向A市B区法院申请公示催告。在公示催告期间,乙公司向B区法院申报权利。关于本案,下列哪些说法是正确的?( )

A.对乙公司的申报,法院只就申报的汇票与甲公司申请公示催告的汇票是否一致进行形式审查,不进行权利归属的实质审查

B.乙公司申报权利时,法院应当组织双方当事人进行法庭调查与辩论

C.乙公司申报权利时,法院应当组成合议庭审理

D.乙公司申报权利成立时,法院应当裁定终结公示催告程序

答案:

参考答案:A,D

解析:本题考核公示催告制度。   《民诉意见》第231条规定,利害关系人申报权利,人民法院应通知其向法院出示票据,并通知公示催告申请人在指定的期间察看该票据。公示催告申请人申请公示催告的票据与利害关系人出示的票据不一致的,人民法院应当裁定驳回利害关系人的申报。因此,A项正确,BC项错误。   《民事诉讼法》第198条第2款规定,人民法院收到利害关系人的申报后,应当裁定终结公示催告程序,并通知申请人和支付人。《民诉意见》第230条规定,利害关系人在公示催告期间向人民法院申报权利的,人民法院应当裁定终结公示催告程序。利害关系人在申报期届满后,判决作出之前申报权利的,同样应裁定终结公示催告程序。因此,D项正确。

试题推荐
题型:完形填空

Section C
Directions: Read the following text and choose the most suitable heading from the list A - F for each paragraph. There is one extra heading which you do not need.
A.Life in the blue-water world
B.Diving tours around the world
C.Options to meet various interests
D.Necessary equipment to ensure safety
E. Experiences on scuba-diving holidays
F. Experienced staff to keep you company   

 

 
 


76.
Have you ever wondered what it might be like to live under the sea? Imagine the feeling of freedom you would have swimming through the clear, blue water deep beneath the waves, admiring the different types of corals, unusual plants and the creatures that call the sea bed home. Passing turtles are swimming above you, while bright and colorful groups of fish are travelling alongside you through the depths. All of this is possible on one of our scuba(水中呼吸器)-diving holidays!

 

 
77.

International Diving Tours can prepare you for the experience of a lifetime. On our scuba-diving holidays, you will have the opportunity to swim in some of the most beautiful locations in the world, where you can explore underwater caves and coral reefs, and witness some of the strangest and most wonderful creatures on the planet. Not only will you have one of the most exciting times of your life, but you will also come back from your trip feeling calm and relaxed.

 

 
78.

We offer several different holiday options for you to choose from. Our sales people can plan and organize the best trip for you, all for the best price! Options include the chance to explore some of the most famous ancient shipwrecks hidden beneath the ocean, or, if you prefer the natural world, we also offer tours of the world-famous Great Barrier Reef in Australia. We even offer the chance to swim with dolphins or venture into a shark cage, where behind the safety of a metal barrier you can watch these fierce beasts go about their daily life. 

 

 
79.

All the necessary equipment for your underwater adventure is provided, from wetsuits designed to fit all body shapes, to the latest scuba masks to help you see when you are exploring the world beneath the sea. For longer dives, we provide tanks of oxygen that can let you dive for up to four hours. All of our equipment is checked regularly to ensure that you remain safe at all times.

 

 
80.

Our instructors are among the best in the world. They will show you how to swim in your scuba equipment and how to communicate with hand signals under water, which is vital for deep-sea diving. They will also make sure you understand how to return to the surface safely, since rising too quickly can cause a number of health problems. Most importantly, however, they will make sure you have fun.
查看答案
微信公众账号搜索答案