试题与答案

本案最后的诉讼时效期间应当如何计算被告B公司以原告的请求已经过了诉讼时效的理由进行抗

题型:问答题

题目:

本案最后的诉讼时效期间应当如何计算被告B公司以原告的请求已经过了诉讼时效的理由进行抗辩,能否成立

答案:

参考答案:[参考答案:与解析]
本案例中最后的诉讼时效应从2002年9月20日起开始计算。根据民法通则的规定,诉讼时效因提起诉讼、当事人一方提出要求或者同意履行义务而中断,从中断时起,诉讼时效期间重新计算。本案中2002年9月20日A公司曾派人到B公司要求偿还价款,引起诉讼时效的中断,而之后在起诉前,A公司未再向B公司提出要求,所以本案中诉讼时效应从2002年9月20日计算。根据对第1问的回答,本案应当适用2年的诉讼时效,因此A公司在2004年7月5日向人民法院起诉没有超过诉讼时效,被告B公司以原告的请求已经过了诉讼时效为理由进行抗辩不能成立。

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Happiness Secrets for Tough Times


1. You don’t need an expert to tell you that relationships are critical to happiness. Not being the bread-winner anymore or not being able to fulfill your kid’s needs can weigh down hard on your family life. But the trick is to stop feeling guilty and focus on nurturing your loved ones. "I was at a psychology conference where an expert was talking about the effects of this economy on families and how parents can’t afford to buy their kids luxuries like toys anymore," says Sonja Lyubomirsky, author of The How of Happiness: A Scientific Approach to Getting the Life You Want. "But what they don’t realize is that kids don’t care about toys-what they care about is parents being grumpy and taking it out on them."
2. Now more than ever we need each other to survive. Lyubomirsky found that doing good things for friends, family, or strangers can make you happier. Think of practical, everyday gestures that can make someone’s life a little bit easier. For example, Lyubomirsky says, "Maybe now many of us can’t afford to take a cab to the airport, so offer to give a friend a ride."
3. "You could spend a lot of time ruminating," says Lyubomirsky. "But that just makes you feel even more pessimistic, more out of control, and affects your self esteem. Your relationships will suffer and your job performance will suffer." Get rid of pessimism. One of the most effective ways to cope when things are difficult is to adopt a positive thinking strategy. "What can I learn from this Times are tough, I’ve been furloughed at work, but I can spend more time with the kids, adopt a new hobby, or learn a new set of skills."
4. "if you find a happy person you will find a project," says Lyubomirsky. "Happy people all have goals they care about." Commit yourself to a project — whether it is a business you want to start or a dance you want to learn. But it’s also important to remember to be flexible in these times. Don’t get frustrated if circumstances are stopping you from meeting your goals. Adopt and change! "If your spouse has lost their job you might have to change your goal," says Lyubomirsky. "Or you might have to learn a whole new skill for a new job."
5. When times are tough, it’s easy to get skip your regular workouts in favor of moping in front of the TV and eating a bag of chips. Your thinking is "I have more important things to worry about right now than looking good." But carve out a small part of your day to give your body some TLC. It will go a long way in boosting your happiness. "Even if you can’t afford to go to the gym," Lyubomirsky says, "take time out to exercise at home or meditate."
A. Have a goal and be flexible
B. Find a new friend
C. Avoid over-thinking
D. Do some physical exercise
E. Help others
F. Focus on your relationships
G. Try to fulfill your kid’s needs

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