问题 单项选择题

甲公司以乙公司为被告向法院提起诉讼,要求乙公司支付拖欠的贷款100万元。在诉讼中,甲公司申请对乙公司一处价值90万元的房产采取保全措施,并提供担保。一审法院在作出财产保全裁定之后发现,乙公司在向丙银行贷款100万时已将该房产和一辆小轿车抵押给丙银行。关于本案,下列哪一说法是正确的?()

A.一审法院不能对该房产采取保全措施,因为该房产已抵押给丙银行

B.一审法院可以对该房产采取保全措施,但是需要征得丙银行的同意

C.一审法院可以对该房产采取保全措施,但是丙银行仍然享有优先受偿权

D.一审法院可以对该房产采取保全措施,同时丙银行的优先受偿权丧失

答案

参考答案:C

解析:

[考点] 财产保全的程序

《民诉意见》第102条规定:“人民法院对抵押物、留置物可以采取财产保全措施,但抵押权人、留置权人有优先受偿权。”因此一审法院仍然可以对乙公司的该处房产采取保全措施,该保全裁定并不影响抵押权人丙银行的优先受偿权。

单项选择题
单项选择题

Low levels of literacy and numeracy have a damaging impact on almost every aspect of adults, according to a survey published yesterday, which offers (1) of a developing underclass. Tests and (2) with hundreds of people born in a week in 1958 graphically illustrated the (3) of educational underachievement. The effects can be seen in unemployment, family (4) , low incomes, depression and social inactivity.

Those who left school at 16 with poor basic skills had been employed for up to four years less than good readers (5) they reached 37. Professor John Bynner, of City University, who carried the research, said that today’s (6) teenagers would even encounter greater problems because the supply of (7) jobs had shrunk.

Almost one fifth of the 1,700 people interviewed for yesterday’s report had poor literacy and almost half (8) with innumeracy, a proportion (9) other surveys for the Basic Skills Agency. Some could not read a child’s book, and most found difficult (10) written instruction.

Poor readers were twice as likely to be a low wage and four times likely to live in a household where partners worked. Women in this (11) were five times as likely to be (12) depressed, (13) both tended to feel they had no control over their lives, and to trust others (14) .

Those who had low literacy and numeracy were seldom (15) in any community organization and less likely than others to (16) in a general election. There had been no (17) in the literary level of (18) reporting problems.

Alan Wells, the agency’s director, said: “ The results emphasize the dangers of developing an underclass people, who were out of work, (19) depressed and often labeled themselves as (20) . There is a circle of marginalization, with the dice against these people and their families.”

7()

A.skilled

B.mental

C.manual

D.mechanical