问题 问答题 案例分析题

甲、乙、丙、丁均为计算机专业的毕业生,见网络销售为朝阳产业,便共同出资100万元设立东方市网络销售暖暖有限责任公司,分别出资25万元,并约定:首期出资每人10万元,余款在1年内交齐。丙因资金困难,余款至第三年还未交。在经营过程中,该公司从豆豆公司进购10吨价值100万元豆粉。豆豆公司委托便捷公司同式联运至暖暖公司,在便新公司运输期间发生货损。暖暖公司将配送业务外包给皮皮公司,皮皮公司的配送员小孟在将网购货物送给客户老王的过程中予以换包,致使老王价值2000元的名牌服饰变成了仅值200元的地摊货。小刘喜得贵子,从暖暖公司网购价值2000元的名牌奶粉,小孩食用后造成肾衰竭,经医治无效死亡。经查,该奶粉系小阳光奶粉有限责任公司生产,小阳光公司为满足婴儿口感违规添加了一种工业添加剂。暖暖公司为了融资与便民银行签订了抵押贷款200万元的协议,许以利益骗得房主老张的房产证后进行了抵押登记,后因暖暖公司无力还款以及与股东丙、老王、小刘、豆豆公司的纠纷,导致破产清算。请回答下列问题:

便民银行能否对老张的房屋享有抵押权?为什么?

答案

参考答案:

便民银行可以对老张的房屋行使抵押权。老张虽为暖暖公司所骗,但为利益所惑,便民银行在该抵押关系中为善意第三人。对于抵押权经登记的可适用善意取得。

单项选择题 A1/A2型题
阅读理解

阅读理解。

     That summer an army of crickets (蟋蟀) started a war with my father. Dad didn't care for insects much

more than Mamma, but he could tolerate a few living in the basement. Mamma was a city girl and she said

a cricket was just too noisy. Then to prove her point she wouldn't go to bed. She drank coffee and smoked

my father's cigarettes and paced between the sofa and the TV. Next morning she threatened to pack up and

leave, so Dad drove to the store and hurried back. He sprayed poison from a jug. When he was finished he

told us that was the end of it.

     For a couple of weeks we went back to find dead crickets in the laundry. He suggested that we'd all be

better off to hide as many as we could from Mamma. I fed a few dozen to the cat who I didn't like because

he scratched for no reason.

     However, soon live crickets started showing up in the kitchen and bathroom. Mamma was upset because

she thought they were the dead crickets come back, but Dad said these were certainly new ones. He fetched

his jug of poison and sprayed all over until the whole house smelled of poison, and then he sprayed the

basement again.

     A couple of weeks later, when both live and dead crickets kept turning up, Dad emptied the basement of

junk. Then he burned a lot of old newspapers and magazines which he said the crickets had turned into nests. 

     While we ate supper that evening, the wind lifted some flames onto the wood pile. The only gasoline was

in the lawn mower's (割草机) fuel tank but that was enough to create an explosion big enough to reach the

house. Once the roof caught, there wasn't much anyone could do.

     After the fire trucks left, Mamma took the others to Aunt Gail's. I helped Dad and Uncle Burt carry things

out of the house and pile them by the road. We worked into the night and we didn't talk much, while all around

the noise of crickets broke our silence.

1. What do we know about the author's mother?

A. She didn't like insects at all.

B. She liked insects more than his father.

C. She cared for insects very much.

D. She could only tolerate a few insects.

2. The author's father drove to the store to buy ____.

A. cigarettes for himself

B. more coffee for his wife

C. some poison

D. some gasoline

3. The author fed a few dozen crickets to the cat probably to ____.

A. make his mother happy

B. help clear away the crickets

C. play with the cat

D. harm the cat

4. The author's father burned the old newspapers and magazines because he thought ____.

A. they were no longer useful

B. the crickets were afraid of fires

C. they became the home of crickets

D. the dead crickets came back to life

5. We learn from the last paragraph that ____.

A. the author's family lost their battle against the crickets

B. the author's parents learned to put up with insects

C. the author's family didn't suffer much in the fire

D. the author's parents got divorced