问题 问答题 案例分析题

张某,2998年3月6日,因生活需要,向A银行申请6个月个人消费贷款15000元,以其所拥有的一套高级音响做抵押,因不属于担保法规定的必须登记的物品,A银行未要求其办理登记手续,1998年7月13日,张某义向B银行申请8个月期个人消费贷款10000万.以同一套音响作为抵押,办理了登记手续,两笔贷款到期后,张某均无力归还,引起诉讼后,法院判决抵押物优先偿还B银行贷款,请问,法院判决对否,有何法律依据?

答案

参考答案:法院的判决是正确的。因为根据担保法第四十三条的规定,当事人以其他(不是必须登记才生效)的财产抵押的,可以自愿办理抵押物登记,抵押合同自签定之日起生效,当事人未办理抵押物登记的,不得对抗第三人。因此,虽然A银行与张某的抵押合同为合法有效的抵押合同。但由于B银行与张某的抵押合同经过了抵押登记,因此,A银行的抵押合同效力不得对抗B银行的抵押合同,法院判决B银行具有优先受偿权是完全依法判决的。

单项选择题 A1型题
单项选择题

The idea that some groups of people may be more intelligent than others is one of those hypotheses that dare not speak its name. But Gregory Cochran is (1) to say it anyway. He is that (2) bird, a scientist who works independently (3) any institution. He helped popularize the idea that some diseases not (4) thought to have a bacterial cause were actually infections, which aroused much controversy when it was first suggested.

(5) he, however, might tremble at the (6) of what he is about to do. Together with another two scientists, he is publishing a paper which not only (7) that one group of humanity is more intelligent than the others, but explains the process that has brought this about. The group in (8) are a particular people originated from central Europe. The process is natural selection.

This group generally do well in IQ test, (9) 12-15 points above the (10) value of 100, and have contributed (11) to the intellectual and cultural life of the West, as the (12) of their elites, including several world-renowned scientists, (13) . They also suffer more often than most people from a number of nasty genetic diseases, such as breast cancer. These facts, (14) , have previously been thought unrelated. The former has been (15) to social effects, such as a p tradition of (16) education. The latter was seen as a (an) (17) of genetic isolation. Dr. Cochran suggests that the intelligence and diseases are intimately (18) . His argument is that the unusual history of these people has (19) them to unique evolutionary pressures that have resulted in this (20) state of affairs.

11()

A.unconsciously

B.disproportionately

C.indefinitely

D.unaccountably