下列关于诉讼地域管辖的规定中，说法正确的有(　)。 A.因合同纠纷提起的诉讼，必须由被告住所地法院管辖 B.因人身保险合同纠纷提起的诉讼，可以由被保险人住所地人民法院管辖 C.因票据纠纷提起的诉讼，由票据支付地或者被告住所地法院管辖 D.因产品质量不合格侵害他人财产的，产品制造地、产品销售地、侵权行为地和被告住所地人民法院均有管辖权

根据相关法律规定，对于仲裁机构的生效裁决，一方当事人不履行的，另一方当事人可以请求强制执行的人民法院有(　)。

A.申请人住所地人民法院

B.被执行人住所地人民法院

C.仲裁委员会住所地人民法院

D.被执行的财产所在地人民法院

 In relation to the Judicial Interpretation on the Application of the Contract Law by the Supreme People’s Court:

(a) state the procedural way to deal with the situation when an obligee has assigned his rights to a third party and a dispute, between the obligator and the assignee, is brought to the people’s court;

(b) state the procedural way to deal with the situation when an obligor has assigned his obligations to a third party and a dispute, between the assignee and obligee, is brought to the people’s court;

(c) state the procedural way to deal with the situation when a party has assigned his rights and obligations to an assignee and a dispute, between the other party and the assignee, is brought to the people’s court.

This question requires candidates to explain a pre-contractual liability, distinguish between this and liability for breach of contract and state the conduct of a party that will result in pre-contractual liability under the Contract Law of China.

(a) Pre-contractual liability refers to the liability incurred by a party’s conduct, as prescribed in the Contract Law, which causes a loss or damages to the other party during the process of negotiating a contract but the contract is finally not concluded.

The major difference between the pre-contractual liability and the liability for breach of contract is: under the pre-contractual liability there is no contract by the two parties who have negotiated to conclude a contract; while under the liability for breach of contract an effective contract has been concluded but one of the parties breaches it. Under pre-contractual liability the form of liability is compensation for loss while under liability for breach of contract the form of liability includes specific performance, liquidated damages and damages.

(b) In accordance with Article 42 of the Contract Law, a party with the following conduct in negotiating a contract shall be liable for the losses caused to the other party:

(i) under the pretext of concluding a contract, to negotiate in bad faith;

(ii) deliberate concealment of the important facts relating to concluding a contract or providing false information;

(iii) other conduct in violation of the principle of good faith.

In relation to the Company Law of China:

(a) state the composition of the board of directors of a general limited liability company;

(b) state the composition of the board of directors of a limited liability company that is incorporated by two or more state-owned enterprises;

(c) state the way to deal with the situation where the number of directors is less than a quorum due to various causes and the re-election has not been completed.

In relation to the Enterprise Bankruptcy Law of China:

(a) explain the term rectification;

(b) state the legal effect of rectification on the right of guarantee during the period of rectification.

6 In relation to the Securities Law of China:

(a) explain a takeover by offer of a listed company;

(b) explain what happens after the expiration of the duration of the takeover by offer.

In relation to the Securities Law of China:

(a) explain a takeover by offer of a listed company;

(b) explain what happens after the expiration of the duration of the takeover by offer.

下列属于项目投资决策评价动态指标的有( )。

A.净现值

B.年金净流量

C.现值指数

D.内含收益率

某公司正在开会讨论投产一种新产品，对以下收支发生争论，你认为不应列入该项目评价的现金流量有( )。

A.新产品投产需要增加营运资金80万元

B.新产品项目利用公司现有未充分利用的厂房，如将该厂房出租可获收益200万元，但公司规定不得将厂房出租

C.新产品销售会使本公司同类产品减少收益100万元(如果本公司不经营此产品，竞争对手也会推出新产品)

D.新产品项目需要购置设备的运输、安装、调试等支出15万元

下列属于证券资产的特点的有( )。

A.价值虚拟性

B.可分割性

C.持有目的多元性

D.不可分割性

下列各项中，属于附条件的法律行为的是( )。

A.老王与老李约定，如果明天太阳从西边升起，就送给其一辆汽车

B.甲公司与老李约定，若老李能窃取到乙公司的政府采购项目投标书，则向其支付人民币10万元

C.老李与某医院约定，等自己去世时将遗体捐献

D.老李与儿子约定，如果期末考试能考双百，就带他去上海迪斯尼乐园