问题 多项选择题

甲乙签订了一份借款合同,甲为借款人,乙为出借人,借款数额为500万元,借款期限为两年。丙、丁为该借款合同进行保证担保,担保条款约定,如甲不能如期还款,丙、丁承担保证责任。戊对甲乙的借款合同进行了抵押担保,担保物为一批布匹(价值300万元),未约定担保范围。请回答下列问题:

设甲到期不能还款,乙申请法院对戊的布匹进行拍卖,拍卖价款为550万元,扣除费用后得款520万元,足以偿还乙的本金、利息和费用。下列表述正确的是()。

A.乙可以直接从戊的布匹拍卖款中清偿自己的全部债务

B.乙只能从戊的布匹拍卖款中清偿自己的债权300万元,余下的债权应向丙、丁追偿

C.乙从戊处清偿了自己的全部债权后,戊可向丙、丁追偿其应承担的份额

D.乙从戊处清偿了自己的全部债权后,戊只对甲享有追偿权

答案

参考答案:A,C

解析:本问涉及抵押担保的范围及抵押设定人的权利。依《担保法》第46条规定,抵押担保的范围包括主债权及利息,违约金、损害赔偿金及实现债权的费用,但合同另有约定的除外。同时该法第57条规定,为债务人抵押担保的第三人,在抵押权人实现抵押权后,有权向债务人追偿。同时依《担保法解释》的规定,担保人在清偿了全部债务以后,可向其他担保债务人进行追偿。故本问选项应为AC。

问答题
单项选择题

As the pace of life continues to increase, we are fast losing the art of relaxation. (1) you are in the habit of rushing through life, being on the go from morning till night, it is hard to (2) down. But relaxation is (3) for a healthy mind and body.Stress is a (4) part of everyday life and there is no way to (5) it. In fact,it is not the bad thing that it is often supposed to be. A (6) amount of stress is important to provide motivation and give (7) to life. It is only when the stress gets out of control (8) it can lead to poor performance and (9) health.The amount of stress a person can bear(10) very much on the individual. Some people are not afraid of stress, and such (11) are obviously chief material for managerial responsibilities. Others lose heart at first (12) of unusual difficulties. When exposed to stress, in (13) form, we react both chemically and physically. In fact we (14) a choice between escape and fight. But in more ancient days they made the (15) between life and death. The crises (危机)we meet today are (16) to be so extreme,but however little the stress,it requires the same response. It is when such a reaction (17) long,through continued exposure to stress,that health becomes (18) .Such serious conditions as high blood pressure and heart diseases have (19) links with stress. (20) we canno! remove stress from our lives we need to find ways to deal with it.It would be unwise to do so even it we could.So what do you think of stressWhat is your way to deal with it.

第(3)空应选择()

A.unnecessary

B.satisfied

C.useful

D.necessary