担保公司试题及答案

担保公司试题及答案考试试题一、单项选择题(每题2分，共20分)1、担保合同的属性是,A.是独立的主合同B.是从合同C.不可以由当事人自由约定D.不具有从属性答案:B2、甲公司的董事张某以公司的资产为本公司的股东林某的对外欠下的个人债务3万元提供了担保，且此个人债务的债权人对此并不知情，则此担保合同的效力是,A(效力待定B(有效C(无效D(效力有瑕疵答案C3、张三为债务人甲向债权人乙提供担保时，要求债务人甲提供反担保。

反担保的方式可以是,A.债务人甲提供的保证B.债务人甲提供的定金C.甲的朋友丙提供的留置D.甲的朋友丙提供的质押their own conditions to develop the correct road, the maximum toavoid investment risk, gain profit.(three) vigorously promote the brand. To establish brand awareness, awareness of the use of brand, brand value, brand acquisition performance, enhance the competitive strength. Concentrated manpower, careful planning, packaging and publicity of a number of unique, market influence and coverage of the brand, the implementation of key breakthroughs, to enhance the competitive strength, walking business road the competition of alienation and characteristics, the pursuit of stability and development of the market.(four) to promote the integration of resources. To further broaden their horizons,effective integration of resources within the group, the city resources, other industries and regional resources, mutual trust, mutual benefit, seeking win-win principle, in the framework of national policies and regulations, strict inspection and argumentation, legal consultation, examination and approval procedures, strict regulation of economic activities, attract injection the social investment to the industry group, to achieve leveraging the development, ensure that the value of state-owned assets.(five) to strengthen the construction management personnel. Strengthen the management of education and training of cadres and workers of the existing business, firmly establish the concept ofthe market, enhance the sense of crisis to adapt to market competition, the sense of urgency, improve the ability to respond to market competition, improve management and operation of the market. At the same time, according to the need of industrial development, vigorously theintroduction of high-quality management management personnel, and strive to build a high-quality professional management team, hard work, and promote the entire workforce knowledge structure, age structure, structure optimization and upgrading ability, enhance core competitiveness, adapt to the need of market competition.(six) seriously study the policy for policy. Serious research about social support the development of cultural undertakings in the country and the XX policy, especially the policy of industrial development, financial investment policy, financial policy and tax policy, and actively seek policy, projects and funds, enterprise and industry group mission to promote leapfrog development.答案:D4、甲欠乙1万元，丙作为保证人为乙提供保证。

后丁作为反担保人为丙提供了保证。

后甲不能还债，丙又没有承担保证责任，则乙是否可以要求丁承担还款责任,A.可以，因为丁担保的是甲与乙的主债权B.可以，因为丁担保的不是甲与乙的主债权C.不能，因为丁担保的是甲与乙的主债权D.不能，因为丁担保的不是甲与乙的主债权答案:D5、担保合同因为当事人的过错而导致无效时，有关过错的当事人应承担的民事责任属于,A.违约责任B.缔约过失责任C.侵权责任D.不用承担任何责任答案:B6、担保合同因为当事人的过错而导致无效时，有关责任承担以下正确的是A.主合同有效而担保合同无效的，债权人无过错的，担保人、债务人对债权承担连带责任B.主合同有效而担保合同无效的，债权人无过错的，担保人、债务人对债权不承担连带责任their own conditions to develop the correct road, the maximum toavoid investment risk, gain profit.(three) vigorously promote the brand. To establish brand awareness, awareness of the use of brand, brand value, brand acquisition performance, enhance the competitive strength. Concentrated manpower, careful planning, packaging and publicity of a number of unique, market influence and coverage of the brand, the implementation of key breakthroughs, to enhance the competitive strength, walking business road the competition of alienation and characteristics, the pursuit of stability and development of the market.(four) to promote the integration of resources. To further broaden their horizons,effective integration of resources within the group, the city resources, other industries and regional resources, mutual trust, mutual benefit, seeking win-win principle, in the framework of national policies and regulations, strict inspection and argumentation, legal consultation, examination and approval procedures, strict regulation of economic activities, attract injection the social investment to the industrygroup, to achieve leveraging the development, ensure that the value of state-owned assets.(five) to strengthen the construction management personnel. Strengthen the management of education and training of cadres and workers of the existing business, firmly establish the concept of the market, enhance the sense of crisis to adapt to market competition, the sense of urgency, improve the ability to respond to market competition, improve management and operation of the market. At the same time, according to the need of industrial development, vigorously the introduction of high-quality management management personnel, and strive to build a high-quality professional management team, hard work, and promote the entire workforce knowledge structure, age structure, structure optimization and upgrading ability, enhance core competitiveness, adapt to the need of market competition.(six) seriously study the policy for policy. Serious research about social support the development of cultural undertakings in the country and the XX policy, especially the policy of industrial development, financial investment policy, financial policy and tax policy, and actively seek policy, projects and funds, enterprise and industry group mission to promote leapfrog development.C.主合同有效而担保合同无效的，债权人、担保人均有过错的，担保人责任限额是债务不能偿还部分的1/3D.主合同有效而担保合同无效的，债权人、担保人均有过错的，担保人责任限额是债务不能偿还部分的1/4答案:A7、因担保人过错而导致的担保合同无效的，担保人承担过错责任之后，是否可以向债务人追偿,A.不可以B.可以C.视情况而定D.反担保人有过错才可以答案:B8、法人或者其他组织的法定代表人、负责人超越权限订立的担保合同，该代表行为效力如何,A.无效B.有效C.即使相对人知道或者应当知道其超越权限的以外，该代表行为也无效D.除相对人知道或者应当知道其超越权限的以外，该代表行为有效答案:D9、主合同无效而导致担保合同无效，担保人有过错的，担保人承担民事责任的部分，不应超过债务人不能清偿部分的多少, their own conditions to develop the correct road, the maximum to avoid investment risk, gain profit.(three) vigorously promote the brand. To establish brand awareness, awareness of the use of brand, brand value, brand acquisition performance, enhance the competitive strength. Concentrated manpower, careful planning, packaging and publicity of a number of unique, market influence and coverage of the brand, the implementation of key breakthroughs, to enhance the competitive strength, walking business road the competition of alienation and characteristics, the pursuit of stability and development of the market.(four) to promote theintegration of resources. To further broaden their horizons, effective integration of resources within the group, the city resources, other industries and regional resources, mutual trust, mutual benefit, seeking win-win principle, in the framework of national policies and regulations, strict inspection and argumentation, legal consultation, examination and approval procedures, strict regulation of economic activities, attract injection the social investment to the industry group, to achieve leveraging the development, ensure that the value of state-ownedassets.(five) to strengthen the construction management personnel. Strengthen the management of education and training of cadres andworkers of the existing business, firmly establish the concept of the market, enhance the sense of crisis to adapt to market competition, the sense of urgency, improve the ability to respond to market competition, improve management and operation of the market. At the same time, according to the need of industrial development, vigorously the introduction of high-quality management management personnel, and strive to build a high-quality professional management team, hard work, and promote the entire workforce knowledge structure, age structure,structure optimization and upgrading ability, enhance core competitiveness, adapt to the need of market competition.(six) seriously study the policy for policy. Serious research about social support the development of cultural undertakings in the country and the XX policy, especially the policy of industrial development, financial investment policy, financial policy and tax policy, and actively seek policy,projects and funds, enterprise and industry group mission to promote leapfrog development.A.1/2B.1/3C.1/4D.1/5答案:B10、依照我国《担保法》的规定，在下列哪种财产上可以设立担保权,A(农村集体土地承包经营权B(宅基地使用权C(某大学的办公楼D(某中学的小汽车答案:D二、多项选择题(每题2分，共40分) 11、担保活动中应遵循下列哪些民法基本原则, A.平等原则B.自愿原则C.公平原则D.诚实信用原则答案:ABCD12、担保合同的从属性体现在以下那几个方面, A(担保合同只能在有了它所担保的主合同债权的有效存在的条件下才能发生B(债的担保应当随同债权的转移而转移 their own conditions to develop the correct road, the maximum to avoid investment risk, gainprofit.(three) vigorously promote the brand. To establish brand awareness, awareness of the use of brand, brand value, brand acquisition performance, enhance the competitive strength. Concentrated manpower, careful planning, packaging and publicity of a number of unique, market influence and coverage of the brand, the implementation of key breakthroughs, to enhance the competitive strength, walking businessroad the competition of alienation and characteristics, the pursuit of stability and development of the market.(four) to promote theintegration of resources. To further broaden their horizons, effective integration of resources within the group, the city resources, other industries and regional resources, mutual trust, mutual benefit, seeking win-win principle, in the framework of national policies and regulations, strict inspection and argumentation, legal consultation, examination and approval procedures, strict regulation of economic activities, attract injection the social investment to the industry group, to achieve leveraging the development, ensure that the value of state-ownedassets.(five) to strengthen the construction management personnel. Strengthen the management of education and training of cadres andworkers of the existing business, firmly establish the concept of the market, enhance the sense of crisis to adapt to market competition, the sense of urgency, improve the ability to respond to market competition, improve management and operation of the market. At the same time, according to the need of industrial development, vigorously the introduction of high-quality management management personnel, and striveto build a high-quality professional management team, hard work, and promote the entire workforce knowledge structure, age structure, structure optimization and upgrading ability, enhance core competitiveness, adapt to the need of market competition.(six) seriously study the policy for policy. Serious research about social support the development of cultural undertakings in the country and the XX policy, especially the policy of industrial development, financial investment policy, financial policy and tax policy, and actively seek policy, projects and funds, enterprise and industry group mission to promote leapfrog development.C(债权人可以将担保债权与债权分别为他人作担保D(债的担保以主债权的存在为前提答案:ABD13、以下说法那些是正确的,A(担保合同只能在有了它所担保的主合同债权的有效存在的条件下才能发生B(债权人不能将担保债权与债权分别转让给不同的受让人，不能单独转让担保权而保留债权C(债权人可以将担保债权与债权分别为他人作担保D(债的担保以主债权的存在为前提答案:ABCD14、担保合同因为当事人的过错而导致无效时，有关过错的当事人应承担的民事责任不包括以下哪些,A.违约责任B.缔约过失责任C.侵权责任D.不用承担任何责任答案:ACD15、甲欠乙10万元，甲之友丙与乙签订了保证合同，此时丙自有财产只有8万元。