问题 问答题 案例分析题

因经营食品厂资金不足,甲某于2001年4月6日与乙银行签订借款抵押担保合同,合同中主要约定:甲某向乙银行借人民币40万元,借款用途为周转经营资金,借款期限为一年(自2001年4月6日至2002年4月6日),借款抵押物为食品厂的厂房、设备(经交易中心评估价格为50万元)。当日,甲某与乙银行一同向主管部门办理了抵押物登记。同日乙银行将40万元贷款转入食品厂的账户。

另外,甲某曾于2001年3月20日与丙某签订了为期一年的借款抵押合同,由丙某借给甲某人民币10万元,并明确约定以甲某的厂房、设备为抵押物。甲某与丙某当日即办理了抵押物登记。至2003年3月25日丙某也未讨回借款。

乙银行因贷款到期催付不着,遂于2003年3月25日诉至法院,请求法院判令被告偿还40万元贷款本金及利息。丙某作为有独立请求权的第三人参加了诉讼。

甲某与乙银行签订的抵押担保合同是否有效?与丙某签订的抵押合同的效力又如何?

答案

参考答案:

本案中甲某是以食品厂的厂房、设备作为抵押物的。根据《担保法》第38条、41条、第42条的规定,抵押人与抵押权人应当以书面形式订立抵押合同;当事人以厂房、设备作为抵押物的,应当到相应的政府部门办理抵押物登记;抵押合同自登记之日起生效。本案中,甲某与丙某签订了书面的借款抵押合同,并且于2001年3月20日办理了抵押登记,因此有效。同理,甲某与乙银行的借款抵押担保合同自2001年4月6日起生效。但在本案中,我们要注意到抵押物再抵押的问题。根据担保法第35条的规定“财产抵押后,该财产的价值大于所担保债权的余额部分,可以再次抵押,但不得超过其余额部分”。甲某将厂房、设备抵押给丙某后,将此抵押物再次抵押的行为,没有违背担保法的有关规定,因此是合法有效的。

阅读理解

阅读短文,选择正确答案。

     "Tom? Are you in bed yet?" called Mrs.White. There was no answer. Mrs. White put down her book and

went to her 14-year-old son's room. Tom was sitting in front of a bright computer screen on which a motorbike

was running fast.

     "Oh, Tom. You're still playing on that computer game. You must stop now, it's half past eleven. If you don't

go to bed soon, you'll be very tired tomorrow," said Mrs. White. 

     "But I've nearly won the game," Tom said to Mrs. White. She could see the excitement on his face. She sat

down beside him. 

     "You're always playing on the computer. You spend more time on this machine than on your homework."

      Today more and more families have computers. Parents hope computers can help their children improve

their study at school. But many of their children use computers to play games and watch videos instead of

studying. We often see that computer net bars are crowded with people, especially young boys. They spend a lot

of money competing (竞争) with the computerized (用计算机控制的) machines. The more they lose, the more

they want to win. The result is that they don't want to work or study.

     In some countries, even scientists hate computers. They say computers cause millions of people to lose their

jobs or cause them a lot of trouble. Computer game addiction (瘾) is a serious problem in social (社会的) life.

Something has to be done to solve the problem.

1. How did Mrs. White feel when she saw her son playing late? [ ]

A. She felt excited.

B. She felt happy.

C. She felt worried.

D. She felt wonderful.

2. Parents hope computers can _______. [ ]

A. help their children improve their study at school

B. help their children play well

C. help their children know a lot of Internet knowledge

D. help their children relax themselves

3. Many children use computers to _______. [ ]

A. watch videos

B. listen to songs

C. play games

D. A、B and C

4. The writer thinks _______. [ ]

A. the boys can go to the computer net bars, but the girls can't

B. the computer net bars are very useful

C. the children spend too much money on computer games

D. the children should play computer games

5. Why do some scientists hate computers? [ ]

A. They think computers cause millions of people to lose their jobs.

B. They think computers cause them a lot of trouble.

C. They think it's a waste of time to use computers.

D. Both A and B.

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