问题 问答题


案情:个体工商户李甲开了一家照相馆,因生意较好,决定买下自己店面旁边的一个铺面扩大经营。因刚刚进了一批器材,缺少现金,便对自己的朋友王某提出借款30万元。王某同意借款,但要李甲提供担保。李甲遂于2002年3月以自己刚刚购买的价值10万元的器材设定抵押,并和王某签订了书面抵押合同,约定抵押期为2年。2002年5月,王某依约将30万元借给了李甲,按约定,李甲应当在2004年 4月30日以前归还借款。后王某感到不放心,要求李甲提供其他担保。于是,李甲的哥哥李乙又于2002年7月与王某签订书面抵押合同,以李乙的一辆富康汽车作为抵押,以担保李甲的债务按期偿还,抵押期仍为2年,并办理了抵押登记;李甲的另一朋友吴某也出面表示自己可以担任李甲还款的保证人,并于2002年8月 3日手写了“我愿意为李甲充当还款的担保人直至该款本息还清时为止”的纸条交给王某。李甲扩大经营后,一开始生意尚可,但不久在同一条街上开了好几家大型摄影室。再加上李甲迷上了赌博,到2004年年底时,不仅没有挣钱,还欠下一屁股债。2005年以后,李甲因为生活困难已经卖掉了后来购买的门面,只能靠着原来门面的租金维持生活。这期间,王某因外出做生意,一直未向李甲讨要其借款。根据案情,回答下列问题:

如果王某于2006年6月回到家乡,此时他还能否主张实现在摄影器材和富康汽车上的抵押权,为什么

答案

参考答案:

解析:不能。因为抵押权已经消灭。参见《物权法》第170条。[考点] 抵押权的消灭

单项选择题
阅读理解

On a flight from Johannesburg, a middle-aged rich white South African lady had found herself sitting next to a black man. She called the cabin crew attendant over to complain(抱怨) about her seat. “What seems to be the problem, Madam?” asked the attendant.

“Can’t you see?” She said, “You have seated me next to a black person! I can’t possibly sit next to this kind of person. Find me another seat!”

“Please calm down, Madam,” the stewardess replied. “The flight is very full today, but I will tell you what I will do---- I will go and check to see if we have any seats available(可利用的) in club or first class.”

The woman glanced at the angry black man beside her. A few minutes later, the stewardess returned with the good news, which she delivered to the lady.

“Madam, unfortunately, as I expected, economy is full. I have spoken to the cabin services director, and club is also full. However, we do have one seat in first class.”

Before the lady had a chance to answer, the stewardess continued, “It is most extraordinary to make this kind of upgrade, however, and I have had to get special permission from the captain. But, learning this condition, the captain felt that it was shocking that someone should be forced to sit next to such a tiring person.”

Having said that, the stewardess turned to the black man sitting next to the lady, and said, “So if you’d like to get you things, sir, I have your seat ready for you…”

At this point, obviously the surrounding passengers stood and gave an applause while the black man walked up to the front of the plane.

小题1:Why did the lady complain about her seating?

A.Because she didn’t want to sit in economy.

B.Because she would like a seat in first class.

C.Because she didn’t want to sit next to a black man.

D.Because she didn’t want to sit in club.小题2:What was the good news for the lady?

A.The black man would have to change for another seat.

B.The captain understood her situation.

C.The cabin director was sparing no effort to help her.

D.They have one seat in first class.小题3:What was the other passengers’ attitude towards the lady?

A.They liked her very much because she was a rich lady.

B.They disliked her because she looked down upon the black man.

C.They applauded for her when she moved to another seat.

D.They disliked her because she was not polite to the stewardess.小题4:What was unexpected to the lady?

A.The plane was so full that day.

B.They found a seat for her in club.

C.The captain himself was concerned about her problem.

D.They found another seat for the black man.