当前位置:考试网  > 试卷库  > 学历类  > 自考  > 自考专业(行政管理)  > 法学概论  > 某甲系某企业经理,此企业与个体工商户某乙素有业务往来。某甲之父与某乙一起赌博,输给乙3000元,无力偿还。某乙以“父债子还”为理由,催逼某甲代其父偿还赌债,遭到甲的拒绝。某乙便拒付所欠该企业的货款,于是发生纠纷,并诉至人民法院。此案应如何处理?理由何在?
试题预览

某甲系某企业经理,此企业与个体工商户某乙素有业务往来。某甲之父与某乙一起赌博,输给乙3000元,无力偿还。某乙以“父债子还”为理由,催逼某甲代其父偿还赌债,遭到甲的拒绝。某乙便拒付所欠该企业的货款,于是发生纠纷,并诉至人民法院。此案应如何处理?理由何在?

查看答案
收藏
纠错
正确答案:

(1)民法通则规定:公民、法人合法的民事权益受法律保护,任何组织和个人不得侵犯。该企业与个体工商户某乙因正常的业务往来而发生债权关系,属于合法的民事权益,受法律的保护,不受侵犯。

(2)赌博系违法行为,赌债不属于合法的民事权益,不受法律保护。

(3)某乙无权向任何人讨还赌债,更不得以拒付货款的手段逼迫该企业代其经理之父偿还赌债。

(4)某乙应清偿所欠该企业的货款,并应赔偿因拒付货款给该企业造成的经济损失。

答案解析:

暂无解析

你可能感兴趣的试题

依据反不正当竞争法的规定,抽奖式有奖销售的最高奖的金额不得超过()

某甲系某企业经理,此企业与个体工商户某乙素有业务往来。某甲之父与某乙一起赌博,输给乙3000元,无力偿还。某乙以“父债子还”为理由,催逼某甲代其父偿还赌债,遭到甲的拒绝。某乙便拒付所欠该企业的货款,于是发生纠纷,并诉至人民法院。此案应如何处理?理由何在?

1999年九届全国人大二次会议通过的宪法修正案是对现行宪法所作的()

某甲具有刑事责任能力,其行为已发生了严重危害社会的结果,但是某甲在主观上并不具有故意和过失。某甲对其行为()

下列可适用国家豁免原则的是()

热门试题 更多>
1.The failure of a high-profile cholesterol drug has thrown a spotlight on the complicated machinery that regulates cholesterol levels.But many researchers remain confident that drugs to boost levels of 'good' cholesterol are still one of the most promising means to combat spiralling heart disease. 2.Drug company Pfizer announced on 2 December that it was cancelling all clinical trials of torcetrapib,a drug designed to raise heart-protective high-density lipoproteins (HDLs).In a trial of 15000 patients,a safety board found that more people died or suffered cardiovascular problems after taking the drug plus a cholesterol-lowering statin than those in a control group who took the statin alone. 3.The news came as a kick in the teeth to many cardiologists because earlier tests in animals and people suggested it would lower rates of cardiovascular disease."There have been no red flags to my knowledge," says John Chapman,a specialist in lipoproteins and atherosclerosis at the National Institute for Health and Medical Research (INSERM) in Paris who has also studied torcetrapib."This cancellation came as a complete shock." 4.Torcetrapib is one of the most advanced of a new breed of drugs designed to raise levels of HDLs,which ferry cholesterol out of artery-clogging plaques to the liver for removal from the body.Specifically,torcetrapib blocks a protein called cholesterol ester transfer protein (CETP),which normally transfers the cholesterol from high-density lipoproteins to low density,plaque-promoting ones.Statins,in contrast,mainly work by lowering the 'bad' low-density lipoproteins. Under pressure 5.Researchers are now trying to work out why and how the drug backfired,something that will not become clear until the clinical details are released by Pfizer.One hint lies in evidence from earlier trials that it slightly raises blood pressure in some patients.It was thought that this mild problem would be offset by the heart benefits of the drug.But it is possible that it actually proved fatal in some patients who already suffered high blood pressure.If blood pressure is the explanation,it would actually be good news for drug developers because it suggests that the problems are specific to this compound.Other prototype drugs that are being developed to block CETP work in a slightly different way and might not suffer the same downfall. 6.But it is also possible that the whole idea of blocking CETP is flawed,says Moti Kashyap,who directs atherosclerosis research at the VA Medical Center in Long Beach,California.When HDLs excrete cholesterol in the liver,they actually rely on LDLs for part of this process.So inhibiting CETP,which prevents the transfer of cholesterol from HDL to LDL,might actually cause an abnormal and irreversible accumulation of cholesterol in the body."You're blocking a physiologic mechanism to eliminate cholesterol and effectively constipating the pathway," says Kashyap.Going up 7.Most researchers remain confident that elevating high density lipoproteins levels by one means or another is one of the best routes for helping heart disease patients.But HDLs are complex and not entirely understood.One approved drug,called niacin,is known to both raise HDL and reduce cardiovascular risk but also causes an unpleasant sensation of heat and tingling.Researchers are exploring whether they can bypass this side effect and whether niacin can lower disease risk more than statins alone.Scientists are also working on several other means to bump up high-density lipoproteins by,for example,introducing synthetic HDLs."The only thing we know is dead in the water is torcetrapib,not the whole idea of raising HDL," says Michael Miller,director of preventive cardiology at the University of Maryland Medical Center,Baltimore. Questions 7-13 Match torcetrapib,HDLs,statin and CETP with their functions (Questions 8-13)..Write the correct letter A,B,C or D in boxes 8-13 on your answer sheet.NB You may use any letter more than once. 7.It has been administered to over 10,000 subjects in a clinical trial. 8.It could help rid human body of cholesterol. 9.Researchers are yet to find more about it. 10.It was used to reduce the level of cholesterol. 11.According to Kashyap,it might lead to unwanted result if it's blocked. 12.It produced contradictory results in different trials. 13.It could inhibit LDLs.List of choices A.TorcetrapicB.HDLSC.StatinD.CETP
试题分类: 阅读
练习次数:3次
扫一扫,手机做题