y the purchaser.This broad principle needs,however,to be qualified in a number
 of respects:
(1)Liabilities in relation to properties may run with the land and accordingly
 automatically bind the purchaser.
(2)Certain obligations to the emplyees of a business which is sold as a going 
concern pass under the Transfer of Undertaking (Protection of Employment)Regul
ations 1981.
(3)Partly completed goods,the manufacture of which is completed by the purchas
er,will give rise to a liability on the purchaser if they prove to be defectiv
e envn though the defect arises from work done by the vendor.
(4)From a practical point of view,it is often necessary for the purchaser to p
erform warranty obligations of the vendor in relation to goods sold slightly b
efore the transfer of the business.
Despite these exceptions,the general rules is that the purchaser does not take
 over any liabilities of the business for which it does not wish to be respons
ible.This significantly affects the scope of the wanrranties which the purchas
er will seek and,broadly,the warranties on share sales dealing with liabilitie
s ,and in particular those concerning taxation, will be unnecessary.Neverthele
ss,not all liabilities are irrelevant in determining whether the purchaser has
 acquired what it thought it was buying :
(1)The purchaser will wish to be sure  that accounts of the vendor correctly r
eflect the profitability of the  business and that liabilities reducing the pr
ofits are fully taken into account.
(2)Disputes with suppliers and customers could adversely affect the goodwill o
f the business.
(3)Employees who are dissatisfied because they have outstanding claims of whic
h the purchaser is not aware could cause problems for the purchaser of such si
gnificance that it could find itself effectively forced to meet the liabilitie
s even though it has no legal responsibility.

 

对外经济贸易大学2002年攻读硕士研究生入学考试经贸专业试题

一、填空（每空1分，共8分）
1、在某一垄断竞争行业中，各厂商所生产的产品既存在___________，同时又具有______
_____。
2、以收益形式表现的生产要素边际生产力通常被称为___________。
3、凯恩斯主义认为，___________是西方国家最通常使用的、最主要使用的货币政策工具
。
4、普惠制条件下，收惠国向给惠国输出的商品享受关税优惠的程度取决于普惠制与_____
______税之间的差额。
5、国际贸易包含世界各国之间商品和服务的交换活动和___________的国家间流动，它反
映了世界各国在经济上的互相依存关系。
6、世界贸易组织在金融领域所追求的两大目标是___________和___________。


二、判断（每小题1分，共8分）
1、（ ）当录像机的价格上升时，录像带的需求量会减少，这是因为录像机和录像带之间
存在着替代性。
2、（ ）厂商增加一单位产量时所增加的可变成本等于边际成本。
3、（ ）在均衡的国民收入水平上，非计划存货投资和计划存货都必须等于零。
4、（ ）在开放经济中，一国只能通过实施货币政策而不是通过实施财政政策实现充分就
业和国际收支平衡。
5、（ ）长期性商品倾销往往有赖于规模经济或政府出口补贴的支持。
6、（ ）国际贸易额是世界各国进口额与出口额的总和。
7、（ ）蒙代尔－弗莱明模型认为，在浮动汇率制、货币自由流动和货币自主权之间存在
着三难选择。
8、（ ）金融服务附录规定，审慎监管措施受服务贸易总协定其他条款的限制。

三、单选 （每题1分，共7分）
1、等成本曲线向内移动表明___________。
A、成本降低了 B、生产要素的价格按相同比例下降了
C、成本减少了 D、生产要素的价格按不同比例下降了
2、有效关税率代表着___________部分的有效保护。
A、产品增值 B、最终产品 C、原材料 D、中间产品
3、政府机构在采购货物时优先购买本国产品的政策，属于___________。
A、歧视性政府采购政策 B、进口押金制 
C、进出口国家垄断 D、特许经营
4、某信用证中规定受益人为A公司，但向银行议付时提交的提单上，发货人却是B公司，这
种情况下，根据UCP500的规定___________。
A、构成了单证不符，银行不会接受 B、不够成单证不符，银行必须接受 
C、除非信用证另有规定，银行可以接受 D、除非信用证另有规定，银行将不接受
5、根据《联合国国际货物销售公约》的规定，一项接受由于邮政或电讯部门的延误，送达
发盘人时超过了发盘的有效期，那么___________。
A、除非发盘人及时提出异议，该逾期接受仍然有效 
B、只要发盘人及时表示确认，该逾期接受仍然有效 
C、如果受盘人能够提供确切证据，则该逾期接受有效 
D、即使受盘人能提供确切证据，该逾期接受仍然无效
6、国际银行设施属于离岸金融中心的___________。
A、功能中心 B、基金中心 C、名义中心 D、收放中心
7、择期业务与期权业务最主要的区别是___________。
A、经营机构少 B、币种与金额所受限制不同 
C、能否放弃合约的自主权不同 D、期限不同

四、多项选择 （每题2分，共6分）
1、对外贸易政策由以下内容组成___________。
A、对外贸易总政策 B、产业政策 
C、商业政策 D、进出口商品政策 E、国别地区政策
2、A公司与马来西亚的B公司签定了包销协议，出口某中成药。不久，A公司又与当地的C公
司签订了经销合同，向其出口同样的中成药。这种情况下___________。
A、A公司的行为构成了违约，因为他损害了B公司的独家专营权
B、A公司不构成违约行为，因为他并没有授予B公司独家专营权
C、签订包销协议后，A公司仍可自行向当地出口，但不能再指定包销商
D、签订包销协议后，A公司既不能自行向当地出口，也不能再指定包销商
3、银行的资金来源除会员国交纳的股本外，还包括___________。
A、借款 B、份额 C、债券转让 D、利润收入 E、捐赠收入

五、名词解释 （每题3分，共15分）
价格歧视
出口信贷国家担保
要素价格均等化定理
特里芬难题
保付代理

六、简述 （每题6分，共18分）
1、证明短期生产函数和短期成本函数的对偶关系，并简单说明它们的变动规律。
2、根据国际商会制定的URC522的解释，简述托收方式下银行的职责和免责问题。
3、简述外汇风险的构成要素及其相互关系。

七、论述 （每题10分，共20分）
1、试述EU与APEC的异同？
2、结合我国近几年来彩电市场经历的大减价、限产联盟、限价联盟等，试分析我国的彩电
行业属于什么市场结构？上述措施能否有效的解决彩电市场的激烈竞争？为什么？

八、案例分析 （第一题10分，第二题8分，共18分）
1、 出口商A与进口商B达成一笔机电产品的买卖合同，合同中规定由A商向B商提供两种型
号的产品。其中，型号Ⅰ的产品400箱，型号Ⅱ的产品200箱，但不久A商接到国外来证，却
发现信用证中将两种型号的数量弄颠倒了，变成了型号Ⅰ的产品200箱，型号Ⅱ的产品400
箱。请问A商如果按合同执行和按信用证执行各会遇到什么问题？正确的做法应该是什么？


2、 假设某经济的消费函数为C＝100+0.8Y（其中Y为个人可支配收入），投资I＝100，政
府购买支出G＝200，政府转移支付TR＝62.5（单位均为10亿美元），税率t＝0.25。问：

（1）均衡国民收入是多少？
（2）投资乘数和政府税收乘数分别是多少？
（3）当政府将一笔支出用在政府购买上对国民收入的影响是否和将这一笔支出用在政府转
移支付上对国民收入的影响一样？为什么？


对外经济贸易大学2002年攻读硕士研究生入学考试经贸专业英语试题

本试题为英译中，共五段，每段二十分。 

1.The True, Peaceful Face of Islam

There are 1.2 billion Muslims in the world, and Islam is the world’s fastest-
growing religion. If the evil carnage we witnessed on Sept. 11 were typical of
 the faith, and Islam truly inspired and justified such violence, its growth a
nd the increasing presence of Muslims in both Europe and the U.S. would be a t
errifying prospect. Fortunately, this is not the case. 

The very word Islam, which means “surrender”, is related to the Arabic salam
, or peace. When the Prophet Muhammad brought the inspired scripture known as
Koran to the Arabs in the early 7th century A. D., a major part of his mission
 was devoted precisely to bringing an end to the kind of mass slaughter we wit
nessed in New York City and Washington. Pre-Islamic Arabia was caught up in a
vicious cycle of warfare, in which tribe fought tribe in a pattern of vendetta
 and counter-vendetta. Muhammad himself survived several assassination attempt
s, and the early Muslin community narrowly escaped extermination by the powerf
ul city of Mecca. The Prophet had to fight a deadly war in order to survive, b
ut as soon as he felt his people were probably safe, he devoted his attention
to building up a peaceful coalition of tribes and achieved victory by an ingen
ious and inspiring campaign of non-violence. When he died in 632, he had almos
t single-handedly brought peace to war-torn Arabia. 

Because the Koran was revealed in the context of an all-out war, several passa
ges deal with the conduct of armed struggle. Warfare was a desperate business
on the Arabian Peninsula. A chieftain was not expected to spare survivors afte
r a battle, and some of the Koran injunctions seem to share this spirit. Musli
ms are ordered by God to “slay [enemies] wherever you find them!”. Extremist
s such as Osama bin laden like to quote such verses but do so selectively. The
y do not include the exhortation to peace, which in almost every case follow t
hese more ferocious passages:” Thus, if they let you be, and do not make war
on you, and offer you peace, God does not allow you to harm them.

Islam is not addicted to war, and jihad is not one of its “pillars”, or esse
ntial practices. The primary meaning of the word jihad is not ”holy war” but
 “struggle”. It refers to the different effort that is needed to put God’s
will into practice at every level-personal and social as well as political. A
very important and much quoted tradition has Muhammad telling his companions a
s they go home after a battle. “We are returning from the lesser jihad [the b
attle] to the greater jihad,” the far more urgent and momentous task of extir
pating wrongdoing from one’s own society and one’s own heart.

---Time, October 1st 2001.


2.Women at work

Throughout American history, the proportion of women who work to provide for t
hemselves or their families has always very high, What has changed---and has c
hanged dramatically---is how many women earn a wage. After the rise of industr
ial capitalism in the nineteenth century, men increasingly sold their labor on
 the market. Most American women, however, continued to work without pay insid
e the home or on the family farm. This has changed. Most Americans now regard
the rigidly enforced isolation of women from the labor force as out of step wi
th contemporary business and culture. For over a century, at any given time mo
re than 80 percent of men have earned a wage or salary. One hundred years ago,
 only about 20 percent women earned a wage or salary. Today, over 70percent do
. Historians will report that the entrance of large numbers of women into the
labor force was the most profound shift in the demographic composition of U.S.
 workers in the twentieth century. Indeed, it could be argued soundly that it was the century’s preeminent sociocultural change as well. Wag
e-earning women in the industrial democracies today have greater earning power
 than women have ever had in the history of the West.

Many see the World War II ear, with its tight labor market and Rosie the Rivet
er” campaigns as the watershed period for women’s first beginning to work fo
r wages in large numbers. Such exclusive attention to the temporary upsurge ca
use by the war, though, risks ignoring how there has been a trend toward incre
asing labor force participation throughout the development of the American mar
ket economy.

There can be little doubt that, on balance, a woman’s expectation to earn a w
age has been liberating . The labor power of today’s women allows personal an
d professional choices to be made that were unavailable in the past. Some worr
y, however, that the economic agency that women have gained by entering the la
bor force is culturally hollow, At very least, the grand social transformation
 that many feminists hoped would follow after large number of hours outside th
e home still earn less on average than their male coworkers and are often excl
uded from positions of authority, yet continue to bear disproportionate respon
sibility for completing household chores.

---America by the Numbers

3.The Knowledge Economy

Economists continue to search for the foundations of economic growth. Traditio
nal “production functions” focus on labor, capital, materials and energy; kn
owledge and technology are external influences on production. Now analytical a
pproaches are being developed so that knowledge can be included more directly
in production functions. Investments in knowledge can increase the productive
capacity of the other factors of production as well as transform them into new
 products and processes. And since these knowledge investments are characteriz
ed by increasing (rather than decreasing) returns, they are the key to long-te
rm economic growth. 

The most visible sign of the knowledge-based economy is the emergence of the “
information society”. Information technology has speeded up the codification
of knowledge, transforming it into a market commodity: large chunks of knowled
ge can be codified and transmitted over computer and communications networks.
The use of personal computers has more than doubled in the last decade. These
computers can be linked nationally and internationally. Through computer netwo
rks, knowledge is more accessible to a wider group of people and cheaper to ac
quire. 
Knowledge itself is becoming a more marketable product, and its spread is tran
sforming other goods and services and creating new markets. The spiraling numb
er of information services available on the Internet, raging from job searches
 to medical advice, is one example. The transformation of several disciplines—
measurements, navigation, chemistry, music, surgery, telecommunications—by la
ser technology is another. And as the stock of knowledge accessible to the wor
ld economy swells, it is driving economic growth. The increase in knowledge ac
cessibility and lower barriers to entry are also enhancing the role of the ent
repreneur.

---The Knowledge Economy

4.Capacity to Be a Principal

Nor every person or entity may be a principal. To be a principal, one must hav
e the capacity to execute a contract. Minors, incompetents, and other natural
persons with limited contractual capacity may be restricted in their ability t
o be a principal or even prohibited entirely from becoming a principal. Adult
persons of limited mental capacities or adults who are temporarily incapacitat
ed (for example, while intoxicated) are not permitted to appoint agents freely
. Under modern legal theory, minors have contractual capacity for necessities
and thus may be principals and appoint agents for any item deemed to be necess
ary (food, shelter, and so on). This complicated by the fact that there is no
uniform definition of what falls within the term “necessary”. Consequently,
the practical result is that very few people are willing to contract with mino
rs for anything, and even fewer people will deal with the agent of minor.
A corporation has contractual capacity and can be a principal. The corporation
’s ability to appoint an agent is limited to the scope of activities authoriz
ed in its articles of incorporation. This caused some problems in the past bec
ause lawyers used to draft the articles of incorporation to encompass only tho
se activities contemplated by the incorporations (for example, to operate a ra
ilroad). However, since modern legal practice is to create a corporation with
the ability to conduct any business the law allows, there are few limitations
on a corporation’s capacity to act as a principal.

Partnerships can usually act as principals, although there are two legal theor
ies to explain how. Where the law does not treat a partnership as a legal enti
ty, the partnership itself is not technically capable of being a principal. In
 these jurisdictions, because the partnership lacks contractual capability, th
e individual partners are deemed to be the principal and the partnership’s ag
ent is really the agent of the partners. In the jurisdictions where a partners
hip is a legal entity, this fiction need not be observed, and the partnership
can act directly as a principal through its agents.

---McGill’s Legal Aspects of Life Insurance

5.Financial Derivatives

In the past two decades, we have witnessed the revolutionary period in the tra
ding of financial derivatives or contingent claims in financial markets around
 world. A derivative security may be defined as a security whose value depends
 on the values of other more basic underlying variables, which may be the pric
es of traded securities, prices of commodities or stock indices. The two most
common derivative securities are futures and options. A forward contract ( cal
led a futures contract if traded on exchange ) is an agreement between two par
ties to buy or sell an asset at a certain time in the future for a predetermin
ed price while an option gives the holder the right ( but not the obligation )
 to buy or sell an asset by a certain date for a predetermined price.

Options are classified either as a call option or a put option. A call ( or pu
t ) is a contract which gives the holder the right to buy ( or sell ) a prescr
ibed asset, known as the underlying asset, by a certain date ( expiration date
 ) for a predetermined price ( commonly called the exercise price or the strik
e price ). Since the holder is given the right, but not the obligation, to buy
 or sell the asset, he will make the decision depending on whether the deal is
 favorable to him or not. The option is said to be exercised on the expiration
 date, then the option is called a European option, while the exercise is allo
wed at any time prior to the expiration date, then it is called an American op
tion ( these term have nothing to do with their continental origins ). The sim
ple call and put options with no special features are commonly called plain va
nilla options. Also, we have options coined with names like Asian option, look
back option, barrier option etc.

The other party to the holder of the option in the contract is called the writ