问题 单项选择题

甲将所持有的A公司债券交付乙,作为向乙借款的质押物。双方签订了书面质押合同,但未在债券上背书“质押”字样。借款到期后甲未还款。甲的另一债权人丙向法院申请执行上述债券。下列说法哪一个是正确的

A.质押合同无效

B.质押合同自签订书面质押合同之日起生效

C.乙对该债券不享有质权

D.乙以债券已出质对抗丙的执行申请,不能得到法院的支持

答案

参考答案:D

解析:
[测试点] 公司债券出质的效力。
在本题中,甲乙双方签订了书面质押合同,并将甲所持有的A公司债券交付乙,作为向乙借款的质押物。由此可见该质押合同是符合担保法的有关规定的,是有效的,乙对该债券是享有质权的。故选项A和C错误。根据担保法第76条的规定,以汇票、支票、本票、债券、存款单、仓单、提单出质的,应当在合同约定的期限内将权利凭证交付质权人。质押合同自权利凭证交付之日起生效。因此,本题中的质押合同自甲将所持有的A公司债券交付乙时生效,而非签订书面质押合同之日起生效,故选项B错误。根据《最高人民法院关于适用<中华人民共和国担保法>若干问题的解释》第99条的规定,以公司债券出质的,出质人与质权人没有背书记载“质押”字样,以债券出质对抗公司和第三人的,人民法院不予支持。在本题中,甲乙双方签订了书面质押合同,但未在债券上背书“质押”字样,因此甲的另一债权人丙向法院申请执行该债券时,乙以债券已出质对抗丙的执行申请,不能得到法院的支持。选项D正确。

单项选择题
填空题

Do mobile phones cause explosions at petrol stations That question has just been exhaustively answered by Adam Burgess, a researcher at the University of Kent, in England. Oddly, however, Dr Burgess is not a physicist, but a sociologist. For the concern rests not on scientific evidence of any danger, but is instead the result of sociological factors: it is an urban myth, supported and propagated by official sources, but no less a myth for that. Dr Burgess presented his findings this week at the annual conference of the British Sociological Association.

Mobile phones started to become widespread in the late 1980s, when the oil industry was in the middle of a concerted safety drive, Dr Burgess notes. This was, in large part. a response to the Piper Alpha disaster in 1988, when 167 people died in an explosion on an oil platform off the Scottish coast. (41)__________So nobody questioned the precautionary ban on the use of mobile phones at petrol stations. The worry was that an electrical spark might ignite explosive fumes.

(42)__________But it was too late. The myth had taken hold.

One problem, says Dr Burgess, is that the number of petrol-station fires increased in the late 1990s, just as mobile phones were proliferating. Richard Coates, BP’s fire-safety adviser, investigated many of the 243 such fires that occurred around the world between 1993 and 2004. He concluded that most were indeed caused by sparks igniting petrol vapour, but the sparks themselves were the result of static electricity, not electrical equipment. Most drivers will have experienced a mild electric shock when climbing out of their vehicles. It is caused by friction between driver and seat, with the result that both end up electrically charged. When the driver touches the metal frame of the vehicle, the result is sometimes a spark. ( 43 )__________

(44)__________One e-mail contained fictitious examples of such explosions said to have happened in Indonesia and Australia. Another, supposedly sent out by Shell, found its way on to an internal website at Exxon, says Dr Burgess, where it was treated as authoritative by employees. Such memos generally explain static fires quite accurately, but mistakenly attribute them to mobile phones. Official denials, says Dr Burgess, simply inflame the suspicions of conspiracy theorists.

(45)__________Warning signs abound in Britain, America, Canada and Australia. The city of Sao Paulo, in Brazil, introduced a ban last year. And, earlier this month, a member of Connecticut’s senate proposed making the use of mobile phones in petrol stations in that state punishable by a $ 250 fine.

[A] The safety drive did not apply merely to offshore operations: employees at some British oil-company offices are now required to use handrails while walking up and down stairs, for example.

[B] As a result, the company had to pay a huge amount of compensation to the families of the victims and law suits concerning those fires seemed to be endless.

[C] A further complication was the rise of the internet, where hoax memos, many claiming to originate from oil companies, warned of the danger of using mobile phones in petrol stations.

[D] This is particularly noticeable in Britain. The country that led the way in banning mobile phones at petrol stations is also the country that has taken the pest line on the safety of mobile-phone use by children.

[E] Despite the lack of evidence that mobile phones can cause explosions, bans remain in place around the world, though the rules vary widely.

[F] By tile late 1990s, however, phone makers—having conducted their own research— realized that there was no danger of phones causing explosions since they could not generate the required sparks.

[G] This seems to have become more common as plastic car interiors, synthetic garments and rubber-soled shoes have proliferated.

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