Several months later, Mr Ma borrowed another RMB 200,000 yuan from Mr Lee and delivered his truck as the pledge to Mr Lee. The two parties then registered the pledge agreement.
Upon the expiration of the loan agreements, Mr Ma was unable to repay the capital and interest. A dispute occurred between Ms Yang and Mr Lee, since they intended to exercise the right of guarantee simultaneously.
Required:
In accordance with the Property Law of China:
(a) Explain whether the mortgage agreement between Mr Ma and Ms Yang came into effect. (2 marks)
(b) Describe when the right of pledge between Mr Ma and Mr Lee was established. (2 marks)
(c) Explain who should be repaid in priority if the truck was auctioned. (2 marks)
第1题
What is jurisdiction by designation?
A.The jurisdiction agreed by the parties in their contract to hear their disputes
B.The jurisdiction authorised by the people’s court at a higher level to try cases of first instance
C.The jurisdiction decided by people’s courts at the same level, if all these courts have jurisdiction over a particular case
D.The jurisdiction decided in accordance with the location of the subject matter
第2题
Which of the following statements about the delivery of movables is correct?
A.The assignment of rights in vessels and aircrafts, if unregistered, shall not be enforced against a third party in good faith
B.The creation of rights in movables shall not become effective upon delivery
C.The assignment of rights in vessels and aircrafts shall not become effective without a registration
第3题
ion, according to the conditions of population and number of cases?
A.Basic people’s court
B.Intermediate people’s court
C.Higher people’s court
第4题
ebts, the relevant parties may reach an agreement for rectification, rather than immediately liquidating the debtor’s assets. Which of the following may apply to the court for rectification?
A.Debtors
B.Creditors representing 5% or less of the total creditors’ rights
C.The bankruptcy administrator
第5题
Which of the following is a fraudulent behaviour in the management of companies?
A.A listed company issuing corporate bonds relying on documents with false information
B.A securities company using the internet to disseminate false information to investors
C.A shareholder of a company making a false payment of capital contribution
D.A listed company providing misleading information to the securities market
第6题
securities market, for how long after the completion of the takeover must shares held by the purchaser not be sold?
A.One month
B.Three months
C.Six months
D.Twelve months
第7题
y corporate bonds?
A.The value of its net assets shall not be lower than RMB 30,000,000 yuan
B.The average distributable profits of the company for the past three years must be sufficient to pay the interest on the corporate bonds for one year
C.The funds to be raised must be invested in conformity with the industrial policy of the State
D.The accumulated balance of the bonds shall not exceed 40% of the value of the net assets of the company
第8题
ledge of inside information is prohibited from taking advantage of it to engage in securities trading?
A.Any shareholder who holds at least 3% of the shares in a listed company
B.Any staff member of a listed company
C.Any director, supervisor or senior executive of a listed company
第9题
What is the maximum period for publicly issuing securities on the securities market?
A.90 days
B.60 days
C.30 days
第10题
Which of the following is NOT a shareholder’s function at a shareholders’ meeting?
A.Examining and approving reports of the board of directors
B.Formulating and approving plans for the company’s business operations
C.Examining and approving plans for the company’s profit distribution
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