问题 单项选择题

李军向银行贷款,请张华帮忙作保。李军从银行贷款25万元,随后,李军与张华签订一份抵押合同,李军将其汽车抵押给担保人张华,约定如2001年10月15日李军到期不清偿贷款,张华依法行使抵押权。两人办理了汽车抵押登记。待李军偿还贷款临近时,经张华催促,李军一直没有还贷。10月8日,张华持抵押合同将李军作抵押的汽车开走寄放在当地交通大队院内。10月15日,李军向银行清偿贷款18万元,尚欠7万元及利息。张华催告李军还清欠款,否则拒绝返还汽车。张华的行为:

A.符合法律规定,待李军清偿完贷款,张华返还汽车
B.符合法律规定,如李军不能清偿,张华拍卖汽车还款
C.不合法,张华应将汽车返还给李军,赔偿因扣押汽车给李军造成的损失
D.不合法,但李军不能清偿时,张华可以提前行使抵押权

答案

参考答案:C

解析: 抵押权的实现方式。
《物权法》第195条规定,债务人不履行到期债务或者发生当事人约定的实现抵押权的情形,抵押权人可以与抵押人协议以抵押财产折价或者以拍卖、变卖该抵押财产所得的价款优先受偿。抵押权人与抵押人未就抵押权实现方式达成协议的,抵押权人可以请求人民法院拍卖、变卖抵押财产。此外,担保法第53条也有类似规定,依此,张华可以与李军就抵押权如何实现达成协议,或者向人民法院提起诉讼,但不可以直接将抵押物扣押。况且《物权法》第186条还规定,抵押权人在债务履行期届满前,不得与抵押人约定债务人不履行到期债务时抵押财产归债权人所有。因此,故本题正确答案为C。

阅读理解

阅读理解。

      I love charity(慈善) shops and so do lots of other people in Britain because you find quite a few

of them on every high street. The charity shop is a British institution, selling everything from clothes to

electric goods, all at very good prices. You can get things you won't find in the shops anymore. The

thing I like best about them is that your money is going to a good cause and not into the pockets of

profit-driven companies, and you are not damaging the planet, but finding a new home for unwanted

goods.

     The first charity shop was opened in 1947 by Oxfam. The famous charity's appeal to aid postwar

Greece had been so successful it had been flooded with donations(捐赠物). They decided to set up

a shop to sell some of these donations to raise money for that appeal. Now there are over 7,000 charity

shops in the UK. My favourite charity shop in my hometown is the Red Cross shop, where I always

find children's books, all 10 or 20 pence each.

     Most of the people working in the charity shops are volunteers, although there is often a manager

who gets paid. Over 90% of the goods in the charity shops are donated by the public. Every morning

you see bags of unwanted items outside the front of shops, although they don't encourage this, rather

ask people to bring things in when the shop is open.

     The shops have very low running costs: all profits go to charity work. Charity shops raise more

than £110 million a year, funding(资助)medical research, overseas aid, supporting sick and poor

children, homeless and disabled people, and much more. What better place to spend your money?

You get something special for a very good price and a good moral sense. You provide funds to a good

cause and tread lightly on the environment.

1. The author loves the charity shop mainly because of _______.

A. its convenient location

B. its great variety of goods

C. its spirit of goodwill

D. its nice shopping environment

2. The first charity shop in the UK was set up to ____.

A. sell cheap products

B. deal with unwanted things

C. raise money for patients

D. help a foreign country

3. Which of the following is TRUE about charity shops?

A. The operating costs are very low.

B. The staff are usually well paid.

C. 90% of the donations are second-hand.

D. They are open twenty-four hours a day.

4. Which of the following may be the best title for the passage?

A. What to Buy a Charity Shops.

B. Charity Shop: Its Origin & Development.

C. Charity Shop: Where You Buy to Donate.

D. The Public's Concern about Charity Shops.

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