问题 问答题

案情:

秦岭公司,因业务扩张急需资金周转,于是向中国建设银行申请贷款,双方签订的贷款合同约定,由建设银行向张某贷款200万元,张某以其一处在建房屋作抵押。抵押合同约定,若秦岭公司不能按期还款,则该在建的房屋归建行所有,以充抵借款,并且办理了抵押手续。与此同时,秦岭公司又以该同一在建房屋作为抵押向中国工商银行借款20万元,为减少抵押登记的开支,双方约定仅到公证部门办理抵押合同的公证,而未登记。后来,秦岭公司又以该在建房屋作抵押向绿林公司借款20万元,并且办理了抵押登记手续。到期后,秦岭公司无法偿还上述三笔款项。

问题:


秦岭公司与绿林公司之间的抵押权效力如何

答案

参考答案:抵押权无效。因我国法律明确禁止公司之间的借款行为,因此秦岭公司与绿林公司之间的借款合同无效。根据《担保法》第5条第1款的规定,主合同无效的,作为从合同的抵押合同当然无效。所以即使双方办理了抵押登记手续,抵押权仍不能设立。因此,该抵押权无效。

问答题 简答题
阅读理解

阅读理解。

     On October 23, 2011, David Pologruto, a high school physics teacher, was stabbed (刺) by his

smart student Jason Haffizulla. Jason got straight A's and was determined to study medicine at Harvard,

yet this was his downfall. His physics teacher gave Jason a B, a mark Jason believed would undermine (损害) his entrance to Harvard. After receiving his B, Jason took a butcher knife to school and stabbed

his physics teacher.

     How can someone as smart as Jason do something so dumb? Studies show there is little or no

correlation between IQ and emotional intelligence.

     During my early university years, I regarded myself as an intelligent guy. I got good marks in

mathematics, physics, and other subjects. I thought such skills would surely give me a bright future.

After one year of study with decent marks, I began to see two major classes of students. The first

category of students turned up to few lectures, partied every weekend, enjoyed a great social life,

and did minimal work to pass courses. The second category of students were intelligent and hard

workers who got good grades and were very focused on their studies. Surely would these intelligent

and hard-working students find the great jobs before the other lazier class of students?

     Not so. Students are often shocked upon graduation that their qualifications are not as important as

they once thought. Graduates enter the workforce only to realize that co-workers hate them and less

intelligent people are the ones receiving promotions.

     Educational skills are useless in some industries when interpersonal skills are absent. You can have

great ideas, theories, and solve complex problems, but if you cannot effectively communicate in a

persuasive and exciting manner by relating to your fellow humans, you will face an uphill battle in

whatever challenges you encounter. It's not that people dislike you because of your intelligence; it's

that people dislike you because you're rude and not understanding. The intelligent person with poor

communication skills is insensitive or unaware of others' emotions.

1. Jason Haffizulla stabbed his physics teacher because _____  .

A. he was unfairly treated by his teacher

B. he was disappointed with his downfall  

C. he was not smart enough at studies

D. he got a worse mark than usual

2.We can infer from the third paragraph that the author  ____  in his early university years.

A. didn't think communication skills were as important as intelligence

B. didn't work hard

C. belonged to the first category of students

D. could keep a balance between social life and studies

3. Intelligent people are hated because _____   .

A. they can solve more complex problems

B. they can't settle the challenges they meet

C. they are envied for their intelligence

D. they are not understanding enough

4. The main purpose of the text is to tell us ____  .

A. the relationship between IQ and emotional intelligence

B. what kind of students can succeed in college

C. smart people may have poorer communication skills

D. intelligent students will meet more challenges at work