2015年6月ACCA考试《公司法与商法》真题及答案.pdfVIP

2015 年 6 月 ACCA 考试 《公司法与商法》真题 (总分：100.00，做题时间：180 分钟) 一、Section B –ALL FIVE questions are compulsory and MUST be attempted. (总题数：5，分数：30.00) 1.Mr Dong, the majority shareholder of Lide Company, provided his residential house as a mortgage for a loanagreement between Lide Company and the Bank. Both parties appropriately registered the loan agreement and themortgage agreement with the relevant government agent. Before the loan agreement matured, Mr Dong intended to sell the mortgaged house to Ms Lee and disclosed to Ms Lee the fact that the house had been mortgaged. Mr Dong also notified the Bank with respect to the transactionbetween Ms Lee and himself. Mr Dong and Ms Lee entered into a sales contract of real estate to proceed with thetransaction. However, their application for registration was denied by the relevant government authority, because theBank did not give consent in writing to this transaction. Required: In accordance with the relevant provisions of the Property Law: （分数： 6.00） (1).(a)State whether the real estate contract was a valid one if the Bank disagrees with the transaction betweenMr Dong and Ms Lee.(2 marks) （分 数：2.00） _____________________________________________________________________ _____________________ 正确答案：(The real estate contract was a valid one even if the Bank disagrees with the transaction between Mr Dong and Ms Lee.According to the Property Law, if a contract to create, modify, assign and terminate rights in immovables, it shall take effectupon conclusion of the contract; the fact that no registration has been made shall not affect the validity of such contract.) (2).(b) Explain whether the government authority should register the contract if Ms Lee promises to repay theoutstanding amount of the loan, even though the Bank did not give consent to this transaction.(2 marks) （分数：2.00） _____________________________________________________________________ ____________________