问题 问答题

恒发公司与如意服装厂签订了一份服装买卖合同,合同标的额为80万元。双方在合同中约定:恒发公司预付定金10万元,如任何一方不履行合同应支付违约金15万元。合同签订后,恒发公司积极筹措资金并向如意服装厂支付了10万元定金。恒发公司以自己所有的一辆宝马车(价值50万元)做抵押向 A银行贷款35万元,双方还约定如恒发公司到期不能还款,则这辆宝马车就归A银行所有。恒发公司认为办理抵押登记太麻烦,于是经A银行同意,双方签订贷款及抵押合同后就未向有关机关办理抵押登记。其后,恒发公司又以这辆宝马车做质押向B银行贷款20万元,双方签订了贷款及质押合同。在质押期间,B银行董事长李某开着质押的宝马车与他人相撞,汽车修好后,李某拿着3万元去提车。修理厂收钱以后要求李某把B银行以前的欠款2万元还清,李某不愿归还,于是修理厂就以行使留置权为名拒绝向李某交车。 问题:

恒发公司与B银行之间的质押合同是否有效为什么

答案

参考答案:恒发公司与B银行之间的质押合同有效。

解析:《担保法》第63条规定:"本法所称动产质押,是指债务人或者第三人将其动产移交债权人占有,将该动产作为债权的担保。债务人不履行债务时,债权人有权依照本法规定以该动产折价或者以拍卖、变卖该动产的价款优先受偿。"第64条规定:"出质人和质权人应当以书面形式订立质押合同。质押合同自质物移交于质权人占有时生效。"本案中恒发公司为担保还款与B银行签订了质押合同并且质物――汽车也移交给了质权人B银行占有,所以,依据法律规定,双方之间的质押合同有效。

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Don't you just love ice skating every winter? I am sure, that since winter is approaching, your skates are set to come out, just waiting to be used. Impress your friends with your new trick on how to ice-skate backwards with the help of these tips. Skating backwards on ice is a bit difficult but once you master the basic, there' s nothing like it. Follow the steps given below and you will be able to skate backwards in no time.     

Stand Straight

The first thing that you need to do is, stand straight. If you feel that you are falling backwards, then just put your chin up and slightly bend your knees. Don't worry; this happens to all.

Confidence is What You Need

The most important step while learning how to skate backwards, is having enough confidence in yourself and in what you are doing. How can you achieve this? By practice. Just practice rolling backwards down a gentle slope every single day or just by pushing off from a wall or something of that sort. But before you do that, make sure that the place where you are practicing is free from any kind of debris(碎片)because otherwise, you could end up in the hospital due to some accident. While going backwards, just get used to the feeling of moving backwards. One of the important ice skating tips and techniques is that if you feel that you are losing your balance, then scissor (做剪式运动) your skates. Keep practicing this till you are confident about it.

Maintain Speed

Confident now? Great! Now the next step is to maintain your speed. While rolling in a straight line with one skate, with the other try sculling (滑浆), that is, keep pushing yourself backwards with an outwards stroke (滑动). Now bring the skate which you were using to scull, and then again, repeat the same process. Make sure that you put most of your weight on the skate which is moving straight and not the one with which you are sculling. Now, try the same thing using the other foot. Again keep doing this till you are confident enough.

Increase Your Speed Now

Once you are confident that you can scull with either foot, the next thing that you have to do is increase your speed. Try some of your own tricks now. Scull with either foot or with both at the same time.

Scull and Be Aware

While you keep one foot straight, keep sculling with the other. You can do that simultaneously with both feet. Concentrate on what you are doing but don't get so involved that you don't see where you are going. If you are not watching your back, you might just bang against something or someone.

小题1:According to the text, confidence comes from ________ .

A.constant exercise

B.strict coaches

C.high speed

D.good techniques小题2:Which is the right order of ice-skating backwards?

a. Increasing your speed.                       b .Being able to scull with one foot.

c. Being about to stand straight.                   d. Trying some different tricks.

A.c→a→d→b

B.c→b→d→a

C.c→b→a→d

D.a→c→b→d小题3: In the last paragraph the author mainly wants to express _________.

A.one must be brave to learn to ice-skate backwards

B.skating and keeping cautious are both important

C.it’s difficult to concentrate when ice-skating backwards

D.it' s a common thing to hit someone when ice skating backwards小题4:The purpose of the text is _______ .

A.to offer some advice on ice-skating backwards

B.to introduce the culture of ice-skating backwards

C.to explain advantages of ice-skating backwards

D.to compare different ways of ice-skating backwards