问题 单项选择题

甲将从上游水源流下的水截留在自己的土地,土地位于下游的乙要求甲停止截留。根据民法规定,乙所行使的权利为()。

A.使用权

B.地上权

C.地役权

D.相邻权

答案

参考答案:D

解析:

[考点] 相邻权

相邻权指不动产的所有人或使用人在处理相邻关系时所享有的权利。具体来说,在相互毗邻的不动产的所有人或者使用人之间,任何一方为了合理行使其所有权或使用权,享有要求其他相邻方提供便利或是接受一定限制的权利。相邻权实质上是对所有权的限制和延伸。地上权又称“借地权”,是指以在他人土地上有建筑物或其他工作物为目的而使用他人土地的权利。地役权,是指为使用自己不动产的便利或提高其效益而按照合同约定利用他人不动产的权利。

其一,地役权是按照当事人的约定设立的用益物权。

其二,地役权是存在于他人不动产上的用益物权。

其三,地役权是为了需役地的便利而设立的用益物权。

因此选项D是正确的。

多项选择题
填空题

Part 1


·Read the article below and choose the best sentence from the list on the next page to fill each of the gaps.
·For each gap (1-8) mark one letter (A-H) on the Answer Sheet.
·Do not mark any letter twice.

Ways to Save


"But I can’t save any money." It’s an excuse I hear a lot. Sometimes it’s a whine. (1) . In the past few years, it has become increasingly frequent, as more and more of us Americans make less than we spend, eating up the equity in our homes, borrowing from banks. The national savings rate is declining. (2) .
The question is: Why Why don’t Americans make saving a priority We certainly know that saving money—like eating broccoli and strengthening our core muscles—is good for us. (3) . Yoga has never been hotter. And broccoli now comes as a baby vegetable, precut and bagged, and even in purple. (4) There are three reasons for this.
One: Saving today is harder. "We’ve had an income transfer away from the middle class," says Anthony Pratkanis, a psychology professor at the University of California Santa Cruz, who specializes in financial issues. The typical household income has held largely steady around the mid-S40,000 range for a good half decade, he points out, while prices have continued to rise. (5) .
Two: Credit became too accessible. (6) . While banks at one time would not let you spend more than 36 percent of your total income on debt (including mortgage) they stretched that number to 55 percent during the housing boom: Why save when yot could get that big flat-screen TV today—just like the one the neighbors installed—and pay for it with mortgage debt that was both cheap and deductible
Three—and most intriguing: Saving is, was, and always will be no fun. "Saving money," explains Jason Zweig, author of Your Money and Your Brain, "doesn’t feel good." Think about it this way: (7) . "You can buy a pair of shoes today," says Zweig, "or have a nice retirement 20 years from now." (8) . You’re going to buy the shoes or head to the restaurant because the pleasure of getting something good today is much greater than the pleasure of getting something good years in the future—even if the reward in the future is bigger.
  • A. You can go out to dinner now or put the money into an emergency fund in case the car’s transmission goes out—someday.
  • B. For years it was simply too easy to get your hands on money to spend.
  • C. In the latter cases, we listen.
  • D. Choosing to save almost always means opting for delayed gratification instead of immediate gratification.
  • E. Yet saving for tomorrow is still a largely ignored and unappreciated skill.
  • F. Other times I detect a note of defiance.
  • G. "If you’re having to spend a disproportionate amount of income on food and gas, it’s hard to save."
  • H. And the situation seems to be getting wors