问题 单项选择题

张某借给李某10万元,约定李某将自己所有的房屋提供抵押担保。双方签订合同后,李某将房产证交给了张某,但没有办理抵押登记。还款期届满,李某无力偿还欠款,张某要求实现抵押权。该房屋没有任何第三人主张权利。则下列选项正确的是:

A.张某享有抵押权,因为他已扣留了房产证

B.张某不享有抵押权,但可以请求办理抵理登记,获得登记后可主张实现抵押权

C.在该房屋上没有任何第三人主张权利的情况下,没有必要再办理抵押登记,张某可直接行使抵押权

D.抵押权不成立,但李某将房产证交给了张某,为张某设定了一项权利质权

答案

参考答案:B

解析:(1)我国对不动产的抵押实行的是登记成立主义,故当事人没有办理房屋抵押登记,抵押权不成立,这并不受在该房屋上有无第三人主张权利的影响。而根据物权法定原则,当事人扣留房产证的做法因不符合物权法规定的登记成立要件,也不能使抵押权成立,所以AC不成立。(2)而且,房产证仅可宣示房屋所有权,起到一个证明的作用,但它本身并不是权利,所以不可能以房产证设定权利质押。所以D项也不对。(3)抵押合同表达了当事人设立抵押权的意思表示,受此表示约束,债务人负有办理抵押登记――以使抵押权得以成立的义务。所以 B项正确。

阅读理解

I don’t ever want to talk about being a woman scientist again. There was a time in my life when people asked constantly for stories about what it’s like to work in a field dominated (控制) by men. I was never very good at telling those stories because truthfully I never found them interesting. What I do find interesting is the origin of the universe, the shape of space-time and the nature of black holes.

At 19, when I began studying astrophysics, it did not bother me in the least to be the only woman in the classroom. But while earning my PhD at MIT and then as a post-doctor doing space research, the issue started to bother me. My every achievement --- jobs, research papers, awards --- was viewed through the lens of gender (性别) politics. So were my failures.

Then one day a few years ago, out of my mouth came a sentence that would eventually become my reply to any and all annoyance. I don’t talk about that any more. It took me 10 years to get back the confidence I had at 19 and to realize that I didn’t want to deal with gender issues. After all, I don’t study sociology or political theory.

Today I research and teach at Bamard, a women’s college in New York City. Recently, someone asked me how many of the 45 students in my class were women. You cannot imagine my satisfaction at being able to answer 45. I know some of my students worry how they will manage their scientific research and a desire for children. And I don’t dismiss those concerns. Instead, I have given them this: the visual of their physics professor heavily pregnant doing physics experiments. And in turn they have given me the image of 45 women driven by a love of science. And that’s a sight worth talking about.

小题1:Why doesn’t the author want to talk about being a woman scientist again?

A.She is unhappy working in male-dominated fields.

B.She is fed up with the issue of gender discrimination.

C.She is not good at telling stories of the kind at all.

D.She finds space research more important than that.小题2:We learn from Paragraph 2 that people would contribute the author’s failures to _______.

A.the very fact that she is just a woman

B.her involvement in gender politics

C.the very fact that she is just a scientist

D.her over-confidence as a female scientist小题3:Why does the author feel satisfied when talking about her class?

A.Female students no longer have to bother about gender issues.

B.Her students’ achievement has brought back her confidence.

C.Her female students can do just better than male students.

D.More female students now love science than before.小题4:What does the image that the author presents to her students suggest?

A.Women students needn’t have the concerns of her generation.

B.Women have more troubles on their way to academic success.

C.Women can balance a career in science and having a family.

D.Women now have no problems pursuing a science career.

单项选择题