问题 问答题

甲为搞运输,决定购买一辆汽车,但需资金10万元。甲向乙借款5万元,并以自己所有的一幅价值5万元的古代名画抵押,双方签订了抵押合同,但未办理抵押物登记。乙仍担心甲不能近期还款,于是甲父又以其所在的中学校舍为其设定抵押,并办理了抵押登记。甲又向丙借款5万元,并以该套古代名画质押,双方签订质押合同后,甲即将古代名画交付丙。甲得款后购买了汽车。汽车在运输过程中肇事,致使甲无力偿还借款,产生纠纷。诉讼到人民法院后,人民法院经审理查明,丙在保管过程中,不慎将名画损坏,送到丁处修理修复,因无力支付修复费5000元,该名画被丁留置,丁有一次拿出该画让朋友戊欣赏,被戊看中,遂出价40000元买下了该画。 问题:

甲父与乙之间的抵押是否有效

答案

参考答案:甲父与乙之间的抵押关系无效。

解析:《担保法》第37条规定,下列财产不得抵押:(1)土地所有权;(2)耕地、宅基地、自留地、自留山等集体所有的土地使用权,但本法第34条第5项、第36条第3款规定的除外;(3)学校、幼儿园、医院等以公益为目的的事业单位、社会团体的教育设施、医疗卫生设施和其他社会公益设施;(4)所有权、使用,权不明或者有争议的财产;(5)依法被查封、扣押、监管的财产;(6)依法不得抵押的其他财产。中学校舍是教育设施,依法不得抵押,所以甲父与乙之间的抵押关系无效。

选择题
阅读理解

D

The spread of worsening international financial crisis has seriously affected world economic growth and stability. The ongoing financial crisis is rarely seen in history. Countries and organizations have taken measures in response, and we hope these measures will produce the desired results soon. Countries in Asia and Europe are an important force for international financial stability and world economic growth. I suggest that we make greater efforts in the following aspects:

First, countries should run their own affairs well. In the face of the crisis, it is important for leaders to act in the fundamental and long-term interests of the people and use necessary monetary and regulatory tools to regain market confidence as soon as possible and maintain economic growth.

Second, set up coordination(调和) and cooperation among governments. The financial departments, central banks and financial regulators around the world should closely follow the development of the crisis and study its trend and impact.

Third, strengthen regional financial dialogue and cooperation. Members of the Eurozone have reached agreement on the basic principles to tackle the financial crisis. We in Asia are also exploring the possibility of expanding the size of bilateral currency swap(hui  互惠外汇信贷)arrangements under the 10+3 framework .

Fourth, push forward the reform of the international monetary and financial systems. The present crisis has exposed the weaknesses in the existing international financial system and governance structure. It important to do three things in this regard: first, increase the say and representation of developing countries in international financial organizations; second, expand the space of the regulation of the international financial system, and third, establish a reasonable global financial rescue mechanism(机制).

56. According to the passage, members of the Eurozone reached agreement on _______.

A.how to deal with the financial crisis

B.how to regain market confidence

C.how to maintain economic growth

D.how to study the crisis trend

57. Facing the crisis, the first thing the countries should do is ________ .

A. to closely follow the development of the crisis.

B. to study the trend and impact of the financial crisis.

C. to do their own business well.

D. to increase the say and representation of developing countries in international financial organizations.

58. Which word has the same meaning with the underlined word maintain ?

A. mainly        B. keep         C. increase         D. decrease

59.According to the passage, which of the following sentence is false?

A.Global issues included energy, food, the environment etc.

B.There has been no financial crisis more serious than this one in history.

C.Facing the crisis, the first thing the countries should do is to do their own business well.

D.Asian and European countries are an important force for the world economic growth.

60.The passage mainly talks about ________.

A.What we should do during the financial crisis.

B.We should draw serious lessons from the financial crisis.

C.Countries and organizations have taken measures in response to the financial crisis.

D.We should set up coordination and cooperation among governments.