问题 单项选择题

(2008年四川)甲公司向乙银行借款500万元,以其闲置的一处办公用房作担保。乙银行正好缺乏办公场所,于是与甲公司商定,由甲公司以此办公用房为乙银行设立担保物权。随后,甲公司向乙银行交付了办公用房。借款到期后,甲公司未能偿还,乙银行主张对办公用房行使优先受偿的权利。下列哪一选项是正确的?

A.乙银行有权这样做,因其对标的物享有抵押权

B.乙银行有权这样做,因其对标的物享有质权

C.乙银行有权这样做,因其对标的物享有同时履行抗辩权

D.乙银行无权这样做,因其与甲公司之间的约定不能设定担保物权

答案

参考答案:D

解析:解析:《物权法》第172条规定,设立担保物权,应当依照本法和其他法律的规定订立担保合同。第185条规定,设立抵押权,当事人应当采取书面形式订立抵押合同。《物权法》第180条第1款第1项规定,债务人或者第三人有权处分的建筑物和其他土地附着物可以抵押。第187条规定,以本法第一百八十条第一款第一项至第三项规定的财产或者第五项规定的正在建造的建筑物抵押的,应当办理抵押登记。抵押权自登记时设立。依据法律规定,设立担保物权要符合法定的形式,在不动产上设立担保物权只能为抵押权,本题中并没有信息表明甲、乙之间签订了关于办公用房的抵押合同并办理了抵押登记,所以抵押权并没有设立,乙银行对办公用房并不享有抵押权,故选项A错误。  甲公司向乙银行交付办公楼并不是设立质权的行为,因为质权是一种动产质权,对不动产不能设立质权,故选项B错误。  同时履行抗辩权是在未约定先后履行顺序的双务合同中,当事人应当同时履行,一方在对方未为对待给付之前,有权拒绝其履行要求。本题中,甲乙之间的主合同是商业借贷性质的借款合同,需要贷款人先转让货币所有权,借款人再于一定期限内返还同种类数额的货币,是有先后履行顺序的,并且借款合同的标的物是金钱,而甲公司的办公用房为担保协议的标的物,因此,乙银行不能基于主合同中甲公司未如期偿还借款而主张对该办公用房的同时履行抗辩权。故选项C说法错误。  乙银行与甲公司之间的约定不符合法律规定,担保物权并不成立,乙银行不能主张对办公用房优先受偿的权利,故选项D说法正确。  综上,本题的正确答案为D.

单项选择题 A1型题
阅读理解

“Can I see my baby?”asked the happy new mother. The bundle(婴儿包)was placed in her arms and when she moved the fold of cloth to look upon his tiny face, she gasped-the baby had been born without ears. Time, however, proved that the baby’s hearing was perfect except his appearance.

One day when he rushed home from school and threw himself into his mother’s arms,he cried out bitterly,“A boy, a big boy…called me-a f—…freak.”She sighed, knowing that his life was to be endless of heartbreaks.

He grew up,handsome for his misfortune.A favorite with his fellow students,he might have been class president,but for that.He developed a gift for literature and music.

The boy’s father had a talk with the family doctor.Could nothing be done?“I believe we could graft(移植)on a pair of outer ears,if they could he donated(捐献),”the doctor decided.So the search began for a person who would make such a sacrifice(牺牲)for a young man.Two years went by.Then,“You’re going to the hospital,son.Mother and I have someone who will donate the ears you need.But it’s a secret.”said the father.

The operation was a brilliant success.His talents blossomed into genius.School and college became a series of successes.Later he married and entered the diplomatic(外交)service.“But I must know!”he urged his father.“Who gave so much for me? I could never do enough for him.”

“I do not believe you could,”said the father,“but the agreement was that you are not to know…not yet.”The years kept the secret,but the day did come …one of the darkest days that ever passed through a son.He stood with his father over his mother’s casket(棺材).Slowly and tenderly,the father stretched forth a hand and raised the thick,reddish-brown hair to let out the secret.

41.The story is mainly about____________.

A.hew a boy had new ears through an operation

B.what a devoted parent privately did for the child

C.how a disabled boy turned into a useful person

D.why a donator made a sacrifice to a bright boy

42.From the first paragraph we know that the mother____________.

A.was determined to donate her ears to pedect her son

B.kept her husband unknown about the baby’s situation

C.felt shocked and disappointed to see her new baby

D.complained of her bad luck to have a disabled child

43.The underlined word“freak”in Paragraph 3 is the closest in meaning to“____________”.

A.slow—acting person                            B.ugly—looking child

C.badly—behaved student                D.strangely—shaped creature

44.What can be inferred from the passage?

A.The agreement was between the donator and the family.

B.The boy was so popular that he was made class president.

C.Finally the boy came to know who the donator was.

D.The mother donated her ears to her son after she died.

45.What moral lesson can we draw from this reading? A.Real love lies in what is done unknown rather than what is done known.

B.It is up to parents to help their children heart and soul.

C.True beauty lies only in the heart not in appearance.

D.It is a virtue for young generations to learn to be grateful.