问题 单项选择题

甲公司因企业改制分立成乙公司和丙公司。乙公司对登记在丙公司名下一栋房产的归属提出异议,认为该房产应属乙公司所有。经咨询律师后,乙公司于8月8日到登记机关办理了异议登记手续。8月10日,丙公司将该栋房产抵押给丁公司,以担保到期支付约定的货款,双方签订了书面抵押合同,但未办理抵押登记。9月8日,付款期限届至,丙公司无力支付,丁公司准备行使抵押权,乙公司提出异议,引起纠纷。经查,乙公司自办理异议登记后未再采取任何其他措施。下列表述正确的是:( )

A.丙公司与丁公司之间的抵押合同无效

B.丁公司无权对该房产主张抵押权

C.丁公司有权对该房产主张抵押权

D.丁公司有权请求乙公司赔偿损失

答案

参考答案:B

解析:[考点] 不动产登记的效力 [讲解] 《物权法》第19条规定:权利人、利害关系人认为不动产登记簿记载的事项错误的,可以申请更正登记。不动产登记簿记载的权利人书面同意更正或者有证据证明登记确有错误的,登记机构应当予以更正。不动产登记簿记载的权利人不同意更正的,利害关系人可以申请异议登记。登记机构予以异议登记的,申请人在异议登记之日起15日内不起诉,异议登记失效。异议登记不当,造成权利人损害的,权利人可以向申请人请求损害赔偿。本题中,乙公司与丙公司对房产的所有权归属发生争议,在无法办理更正登记的情况下,利害关系人乙公司有权申请异议登记,以暂时限制登记记载的权利人处分该物权的行为。但这种权利的行使应当受到限制,即申请人应当在异议登记之日起15日内起诉,否则异议登记失效。乙公司申请异议登记后没有在法定期间内起诉,其登记失效,丙公司有权处分其房产,A选项错误。丙公司与丁公司达成了抵押协议,却未办理抵押登记,致使抵押权未设立,故丁公司无权对该房产主张抵押权,B选项正确,C选项错误。丁公司未能主张抵押权并非因为乙公司的异议登记,故其无权请求乙公司赔偿损失,D选项错误。

单项选择题
单项选择题

The Man of Many Secrets—Harry Houdini—was one of the greatest American entertainers in the theater next century. He was a man famous for his escapes—from prison cells, from wooden boxes floating in rivers, from locked tanks full of water. He appeared in theaters all over Europe and America. Crowds came to see the great Houdini and his "magic" tricks.

Of course, his secret was not magic, or supernatural powers. It was simply strength. He had the ability to move his toes as well as he moved his fingers. He could move his body into almost any position he wanted.

Houdini started working in the entertainment world when he was 17, in 1891. He and his brother Theo performed card tricks in club in New York. They called themselves the Houdini Brothers. When Harry married in 1894, he and his wife Bess worked together as magician and assistant. But for a long time they were not very successful. Then Harry performed his first prison escape, in Chicago in 1898. Harry persuaded a detective to let him try to escape from the prison, and he invited the local newspapermen to watch.

It was the publicity that came from this that started Harry Houdini’s success. Harry had fingers trained to escape from handcuffs and toes trained to escape ankle chins. But his biggest secret was how he unlocked the prison doors. Every time he went into the prison cell, Bess gave him a kiss for good luck—and a small skeleton key, which is a key that fits many locks, pass quickly from her mouth to his.

Harry used these prison escapes to build his fame. He arranged to escape from the local prison of every town he visited. In the afternoon, the people of the town would read about it in their local newspapers, and in the evening every seat in the local theater would be full. What was the result World-wild fame, and a name remembered today.

Which of the following is the best title for the passage()

A. A Skeleton Key

B. A Man of Many Secrets

C. World-wild Fame

D. Great Escape