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[主观题]

Mr Liu entered into an agreement to buy a second-hand car from Mr Feng at a price of RMB 5

0,000 yuan. After the conclusion of the agreement, Mr Liu paid the price and Feng delivered the car to Mr Liu. The two parties, however, did not register the sale of the car. Following the sale Mr Liu took the car to a repair shop to repair the air conditioner. After the completion of the repair and on the way home, a fire accident occurred due to the defect of the air conditioner and caused serious damage to the car.

Mr Liu returned to the repair shop claiming compensation for the defect of the air conditioner. The repair shop insisted that it was not liable for the fire accident and the resulting damage to the car. In addition, after retrieval of the data from the local vehicles registration centre, the repair shop found that the registered owner of the car was still Mr Feng, not Mr Liu. Under such a situation it refused to discuss the dispute any more with Mr Liu, on the ground that he was not a legitimate owner of the car. When Mr Liu asked Mr Feng to negotiate with the repair shop, Mr Feng was reluctant to do so on the ground that the transaction between them was over since he had duly delivered the car to Mr Liu.

Required:

Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:

(a) state the rule as to the passing of ownership for a car as a kind of movables, and the effect of the agreement between the two parties; (4 marks)

(b) state who should be the legitimate owner of the car; (4 marks)

(c) state whether the repair shop should be liable for the damaged car if the fire was caused by the defect of the air conditioner. (2 marks)

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发布时间：2021-04-20

更多“Mr Liu entered into an agreement to buy a second-hand car from Mr Feng at a price of RMB 5”相关的问题

第1题

Mr Ma and Ms Yang entered into a loan agreement and a security agreement, under which Mr M

a would provide his truck as the mortgage to Ms Yang for borrowing RMB 200,000 yuan. However, they failed to register the mortgage agreement.

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)

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第2题

Yado Steel Co Ltd （Yado Steel) entered into a loan agreement with Industry Bank to borrow

Yado Steel Co Ltd (Yado Steel) entered into a loan agreement with Industry Bank to borrow RMB 20 million yuan for its expansion programme. Yado Steel provided its office building as property mortgaged for the debt, and made the registration as required. Mr Ding, one of the shareholders of Yado Steel, placed a guarantee letter of general liability in favour of Industry Bank.

Due to poor performance, Yado Steel failed to repay the debt when it came to maturity. Meanwhile, Industry Bank, under a restructuring plan, transferred the credit of RMB 20 million yuan together with the right of pledge to Oriental Assets Management Co (OAM). It also made a written notice to Yado Steel and Mr Ding, but failed to transfer the right of mortgage to OAM. On the contrary, Industry Bank concluded an agreement with Yado Steel before it went bankrupt, and settled other debts owed by the latter through the sale of the office building as mortgaged for the loan. Having found this fact, OAM, as a transferee of the credit, requested the court to order Mr Ding to bear its guarantor’s liability for the debt. Mr Ding asserted that he was a pledger with a general liability and would be responsible for the debt only if the things mortgaged could not satisfy the debt.

Required:

Answer the following questions in accordance with the relevant provisions of the Property Law and the Contract Law, and give your reasons for your answer:

(a) State whether the defence of Mr Ding should be supported by the court. (6 marks)

(b) State what was the cause of this dispute between OAM and Industry Bank. (4 marks)

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第3题

In January 2011 Mr Fang, the owner of a private enterprise, entered into a loan agreement

and a mortgage agreement with a local credit association (Credit Association) to borrow RMB 2 million yuan for one year to meet the needs of his business operation, and provided his own house as the subject matter under the mortgage agreement. After the conclusion of the mortgage agreement, Mr Fang and Credit Association went to register the mortgage agreement with the local real estate registration centre.

In June 2011 Mr Fang leased the same house to Ms Lee for a period of two years.

Due to the sudden change of the market and poor operation of his enterprise, Mr Fang was unable to repay the principal and interest as agreed when the loan matured at the end of January 2012. Credit Association filed a lawsuit in the people’s court and obtained a judgement in favour of its claim for the principal RMB 2 million yuan plus interest.

Credit Association then advised Ms Lee to leave the house, as it has been authorised by the people’s court to organise a public auction to sell the house for the enforcement of the judgement. Ms Lee refused to leave the house on the grounds that the lease agreement was an effective one between Mr Fang and herself and would last until the end of June 2013. In addition, Credit Association’s right of mortgagee should not affect her right under the lease agreement.

Required:

Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:

(a) state whether Ms Lee’s grounds for refusal to leave the house can be established. (5 marks)

(b) state how Ms Lee should deal with the current situation. (5 marks)

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第4题

（）打电话时，你想说我是刘老师，应该说

A.This is Kate speaking

B.This is Miss Liu speaking

C.Hello,Miss Liu

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第5题

水晶绺（liu）裂分哪几种？

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第6题

中国第一位宇航员是（）

A.Yang Liwei

B.Nie Haisheng

C.Liu Yang

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第7题

出自汤显祖《牡丹亭》的“流年似水”正确读音是（）

A.liu nian si shui

B.liu nian shi shui

C.liu lian si shui

D.niu nian si shui

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第8题

Bai Mei don't know Liu Hui, so Zhuang Hua _________ her to Liu Hui.A.introduceB.spea

A.introduce

B.speak

C.talk

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第9题

水晶绺（liu）裂分哪几种？

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第10题

Who′s her P.E teacher（）

A.Miss Liu

B.Miss whit

C.Mr.white

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