Part B Directions: In the following text, some sentences have been removed. For Questions 41-45, choose the most suitable one from the list A-G to fit into each of the numbered blank. There are two extra choices, which do not fit in any of the blanks. Mark your answers on ANSWER SHEET 1. (10 points) In France, as in many European countries, friends generally are of the same sex, and friendship is seen as basically a relationship between men. (41)___________________. And many French people doubt the possibility of a friendship between a man and a woman. There is also the kind of relationship within a group - men and women who have worked together for a long time, who may be very close, sharing great loyalty and warmth of feeling. They may call one another - copains - a word that in English becomes "friends" but has more the feeling of "pals" or "buddies". In French eyes this is not friendship, although two members of such a group may well be friends. For the French, friendship is one-to-one relationship that demands a keen awareness of the other person’s intellect, temperament and particular interests. (42)_________________________. Your political philosophy assumes more depth, appreciation of a play becomes sharper, taste in food or wine is enhanced, enjoyment of a sport is intensified. And French friendships are divided into categories. A man may play chess with a friend for thirty years without knowing his political opinion, or he may talk politics with him for a long time without knowing about his personal life. Different friends fill different niches in each person’s life. (43)____________________________________These duties, also serious and required, are primarily for relatives. Men who are friends may meet in a caf6. Intellectual friends may meet in large groups for evenings of conversation. Working people may meet at the little bistro where they drink and talk, far from the family. (44)_____________________________. In the past in France, friendships of this kind seldom were open to any but intellectual women. (45)______________________. The special relationship of friendship is based on what the French value most - on the mind, on having the same outlook, on vivid a awareness of some chosen area of life.[A] These friendships are not made part of family life. A friend is not expected to spend evenings being nice to children or courteous to a deaf grandmother.[B] A Frenchman explains, "If I were to say to you in France, ’This is my good friend’ , that person would not be as close to me as someone about whom I said only, ’ This is my friend. ’ Anyone about whom I have to say more is really less."[C] Since most women’s lives centered on their homes, their warmest relations with other women often went back to their girlhood.[D] Marriage does not affect such friendship; wives don’t have to be taken into account.[E] Frenchwomen laugh at the idea that "women can’t be friends", but they also admit sometimes that for women "it is a different thing"[F] Between French friends, who have chosen each other for the similarity of their point of view, lively disagreement and sharpness of argument are the breath of life.[G] A friend is someone who draws out your own best qualities, with whom you sparkle and become more of whatever the friendship draws upon. 42
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2004年6月12日,中国天宏进出口公司受我国某蜡烛生产企业的委托与瑞典天使贸易公司签订了出口一批蜡烛的合同。合同约定与奉合同有关的争议适用瑞典法律。主要成交条件是:CIF哥登堡每箱32美元,9月装船。2004年7月20日,该批蜡烛7500箱经中国商检商门检验合格后装上了某远洋公司的"Qimen"轮上,鉴于蜡烛如放在40℃左右的地方时间一长会变形,因此托运人指示承运人在运输中应注意适当通风。承运人收货后签发了清洁提单。依合同约定的贸易条件,中国方公司向中国人民保险公司投保了一切险。在运输途中“Qimen”轮与一日本籍“海城丸”号发生碰撞,导致一货舱进水,使装于该货舱的700箱蜡烛及其他货物湿损。为修理该船以便继续航行,该轮开进附近的避难港,并发生了避难港费用和必要的船舶修理费用。“Oimen”到达目的港后,收货人发现余下的6800箱蜡烛已变形,不能用于正常的使用,收货人只能按市价30%出售,经查蜡烛变形是运输中未适当通风导致温度过高所致。依《海牙规则》的规定,关于700箱湿损的货物,下列选项正确的是:
A. 应由收货人向承运人提出索赔,因为是船舶的碰撞引起的湿损
B. 应由收货人向发货人提出索赔,因为货物是在装船前损的
C. 应由收货人向保险人提出索赔,因为承运人有航行过失免费
D. 应由发货人向保险人提出索赔,因为发货人是投保人
中国甲公司和E国乙公司于1989年10月9日签订购买5000吨镁矿,单价为CFR张家港176美元/吨。付款条件为不可撤销即期信用证,装运期为收到信用证后30天内。装船口岸为菲律宾港口。合同签订后,甲公司于1989年10月26日通过中国银行广州分行开出了以乙公司为受益人的不可撤销即期信用证。通知行与保兑行为丙银行,并由其议付。因供货地菲律宾国内发生政变和受台风袭击,不能按期供货,遂要求将供货地改为巴基斯坦,同时提出新的供货安排,并要求甲公司修改信用证条款。乙公司在巴基斯坦的代理人公司在信用证要求的期间内将镁矿装上丁运输公司的利比里亚籍货轮“奥帕尔”号。该货轮中途在新加坡停靠时,由于丁公司拒绝偿还戊公司所垫付船员工资以及滞期费,而被新加坡法院扣押。由此导致甲公司在预定时间内未收到货物,因此甲公司向中国国际贸易仲裁委员会申请仲裁,主张由于乙公司违约,要求解除合同并赔偿损失。 下列关于CFR的陈述正确的是:
A. 在CFR条件下,卖方在装运港将货物越过船舷,即完成了交货责任
B. 在CFR条件下,卖方在装运港将货物越过船舷,风险即转移给买方
C. 在CFR条件下,卖方在装运港将货物越过船舷,但如果没有转移相应的单据,则风险并不转移给买方
D. 在CFR条件下,卖方在装运港将货物越过船舷,依据《联合国国际货物销售合同公约》的规定,货物的所有权与风险同时转移
Part B Directions: In the following text, some sentences have been removed. For Questions 41-45, choose the most suitable one from the list A-G to fit into each of the numbered blank. There are two extra choices, which do not fit in any of the blanks. Mark your answers on ANSWER SHEET 1. (10 points) In France, as in many European countries, friends generally are of the same sex, and friendship is seen as basically a relationship between men. (41)___________________. And many French people doubt the possibility of a friendship between a man and a woman. There is also the kind of relationship within a group - men and women who have worked together for a long time, who may be very close, sharing great loyalty and warmth of feeling. They may call one another - copains - a word that in English becomes "friends" but has more the feeling of "pals" or "buddies". In French eyes this is not friendship, although two members of such a group may well be friends. For the French, friendship is one-to-one relationship that demands a keen awareness of the other person’s intellect, temperament and particular interests. (42)_________________________. Your political philosophy assumes more depth, appreciation of a play becomes sharper, taste in food or wine is enhanced, enjoyment of a sport is intensified. And French friendships are divided into categories. A man may play chess with a friend for thirty years without knowing his political opinion, or he may talk politics with him for a long time without knowing about his personal life. Different friends fill different niches in each person’s life. (43)____________________________________These duties, also serious and required, are primarily for relatives. Men who are friends may meet in a caf6. Intellectual friends may meet in large groups for evenings of conversation. Working people may meet at the little bistro where they drink and talk, far from the family. (44)_____________________________. In the past in France, friendships of this kind seldom were open to any but intellectual women. (45)______________________. The special relationship of friendship is based on what the French value most - on the mind, on having the same outlook, on vivid a awareness of some chosen area of life.[A] These friendships are not made part of family life. A friend is not expected to spend evenings being nice to children or courteous to a deaf grandmother.[B] A Frenchman explains, "If I were to say to you in France, ’This is my good friend’ , that person would not be as close to me as someone about whom I said only, ’ This is my friend. ’ Anyone about whom I have to say more is really less."[C] Since most women’s lives centered on their homes, their warmest relations with other women often went back to their girlhood.[D] Marriage does not affect such friendship; wives don’t have to be taken into account.[E] Frenchwomen laugh at the idea that "women can’t be friends", but they also admit sometimes that for women "it is a different thing"[F] Between French friends, who have chosen each other for the similarity of their point of view, lively disagreement and sharpness of argument are the breath of life.[G] A friend is someone who draws out your own best qualities, with whom you sparkle and become more of whatever the friendship draws upon. 44
Part B Directions: In the following text, some sentences have been removed. For Questions 41-45, choose the most suitable one from the list A-G to fit into each of the numbered blank. There are two extra choices, which do not fit in any of the blanks. Mark your answers on ANSWER SHEET 1. (10 points) In France, as in many European countries, friends generally are of the same sex, and friendship is seen as basically a relationship between men. (41)___________________. And many French people doubt the possibility of a friendship between a man and a woman. There is also the kind of relationship within a group - men and women who have worked together for a long time, who may be very close, sharing great loyalty and warmth of feeling. They may call one another - copains - a word that in English becomes "friends" but has more the feeling of "pals" or "buddies". In French eyes this is not friendship, although two members of such a group may well be friends. For the French, friendship is one-to-one relationship that demands a keen awareness of the other person’s intellect, temperament and particular interests. (42)_________________________. Your political philosophy assumes more depth, appreciation of a play becomes sharper, taste in food or wine is enhanced, enjoyment of a sport is intensified. And French friendships are divided into categories. A man may play chess with a friend for thirty years without knowing his political opinion, or he may talk politics with him for a long time without knowing about his personal life. Different friends fill different niches in each person’s life. (43)____________________________________These duties, also serious and required, are primarily for relatives. Men who are friends may meet in a caf6. Intellectual friends may meet in large groups for evenings of conversation. Working people may meet at the little bistro where they drink and talk, far from the family. (44)_____________________________. In the past in France, friendships of this kind seldom were open to any but intellectual women. (45)______________________. The special relationship of friendship is based on what the French value most - on the mind, on having the same outlook, on vivid a awareness of some chosen area of life.[A] These friendships are not made part of family life. A friend is not expected to spend evenings being nice to children or courteous to a deaf grandmother.[B] A Frenchman explains, "If I were to say to you in France, ’This is my good friend’ , that person would not be as close to me as someone about whom I said only, ’ This is my friend. ’ Anyone about whom I have to say more is really less."[C] Since most women’s lives centered on their homes, their warmest relations with other women often went back to their girlhood.[D] Marriage does not affect such friendship; wives don’t have to be taken into account.[E] Frenchwomen laugh at the idea that "women can’t be friends", but they also admit sometimes that for women "it is a different thing"[F] Between French friends, who have chosen each other for the similarity of their point of view, lively disagreement and sharpness of argument are the breath of life.[G] A friend is someone who draws out your own best qualities, with whom you sparkle and become more of whatever the friendship draws upon. 43