问题 问答题

假设该合伙企业把其持有的一份提单质押给M公司,M公司又把该提单质押给H公司,上述两次质押均订有质押合同。现质押权人M、转质押权人H均要求以提单项下的货物优先受偿,应如何处理

答案

参考答案:M公司先受偿,H无质押权。

解析: 《担保法》第75条:下列权利可以质押:
(1)汇票、支票、本票、债券、存款单、仓单、提单;
(2)依法可以转让的股份、股票;
(3)依法可以转让的商标专用权,专利权、著作权中的财产权;
(4)依法可以质押的其他权利。由此,提单依法可以质押。
《担保法解释》第101条:以票据、债券、存款单、仓单、提单出、质的,质权人再转让或者质押的无效。由此,提单质权人不得转质。
综上,M公司依法享有质权、享有优先受偿权,而M公司将提单转质给H公司的行为是无效的,因而H公司不能享有质权,因而也不能优先受偿。

单项选择题 A1型题
单项选择题

Throughout the 19th century and into the 20th, citizens of the United States maintained a bias against big cities. Most lived on farms and in small towns and believed cities to be centres of (1) , crime, poverty and moral (2) Their distrust was caused, (3) , by a national ideology that (4) farming the greatest occupation and rural living (5) to urban living. This attitude (6) even as the number of urban dwellers increased and cities became an essential (7) of the national landscape. Gradually, economic reality overcame ideology. Thousands (8) the precarious (不稳定的) life on the farm for more secure and better paying jobs in the city. But when these people (9) from the countryside, they carried their fears and suspicions with them. These new urbanities, already convinced that cities were (10) with great problems, eagerly (11) the progressive reforms that promised to bring order out of the (12) of the city.

One of many reforms came (13) the area of public utilities. Water and sewerage systems were usually operated by (14) governments, but the gas and electric networks were privately owned. Reformers feared that the privately owned utility companies would (15) exorbitant (过渡的) rates for these essential services and (16) them only to people who could afford them. Some city and state governments responded by (17) the utility companies, but a number of cities began to supply these services themselves. (18) of these reforms argued that public ownership and regulation would (19) widespread access to these utilities and guarantee a (20) price.

5()

A.superb

B.super

C.exceptional

D.superior