问题 问答题

王、潘两家同住李村,王家有子王达,潘家有女潘美,两人正在恋爱。两家为子女结婚住房问题议定:由潘家出钱,王家出工,在王家已有的3间平房上面加盖上房3间作新人成家之用,双方对上房3间的权属未作约定。上房3间盖成后,王达和潘美因为性情不合而解除恋爱关系。为此,王、潘两家反目成仇,并对房屋权属发生争议。
问:根据法律规定与民法原理,分析上述3间上房的所有权归属以及如何协调当事人的利益关系。

答案

参考答案:《民通意见》第86条规定,非产权人在使用他人的财产上增添附属物,财产所有人同意增添,并就财产返还时附属物如何处理有约定的,按约定办理;没有约定又协商不成,能够拆除的,可以责令拆除;不能拆除的,也可以折价归财产所有人,造成财产所有人损失的,应当负赔偿责任。本案中,首先,潘家和王家在王家原有房屋上加盖上房3间是经过王家同意的,可以排除侵权的可能并适用关于添附的法律规定;其次,王、潘两家对添附物的权利归属没有事先约定,事后亦未达成协议,虽然根据盖房屋的性质,是可以拆除上房的,但这明显与立法目的不符,也会造成社会资源的浪费。妥当的做法是由王家取得这3间上房的所有权,并由王家返还潘家对建房的出资,这样既符合法律的规定,又避免了社会资源的浪费,双方当事人的利益也能兼顾。另外要说明的是,在3间上房盖好后,王、潘两家由于共同建房而成为3间上房的共有人,但发生争议后,要分清权责,就要依照添附的法律规定和理论处理。

填空题
单项选择题

It’s a typical Snoopy card: cheerful message, bright colors, though a little yellow and faded now. Though I’ve received fancier, more expensive cards over the years, this is the only one I’ve saved. One summer, it spoke volumes to me.
I received it during the first June I faced as a widow to raise two teenage daughters alone. In all the emotional confusion of this sudden single parent- hood, I was overwhelmed with, of all things, the simplest housework: leaky taps, oil’ changes, even barbecues (烧烤). Those had always been my husband’s jobs. I was embarrassed every time I hit my thumb with a hammer or couldn’t get the lawnmower (割草机) started. My uncertain at- tempts only fueled the fear inside me: How could I be both a father and mother to my girls Clearly, I lacked the tools and skills.
On this particular morning, my girls pushed me into the living room to see something. (I prayed it wasn’t another repair job). The "something" turned out to be an envelope and several wrapped bundles on the carpet. My puzzlement must have been plain as I gazed from the colorful packages to my daughters’ bright faces.
"Go ahead! Open them!" they urged. As I unwrapped the packages, I discovered a small barbecue grill (烧烤架) and all the necessary objects in- eluding a green kitchen glove with a frog pattern on it.
"But why" I asked.
"Happy Father’s Day!" they shouted together.
"Moms don’t get presents on Father’s Day," I protested.
"You forgot to open the card," Jane reminded. I pulled it from the envelope. There sat Snoopy, on top of his dog house, merrily wishing me a Happy Father’s Day. "Because," the girls said, "you’ve been a father and mother to us. Why shouldn’t you be remembered on Father’s Day"
As I fought back tears, I realized they were right. I wanted to be a "professional" dad, who had the latest tools and knew all the tricks of the trade. The girls only wanted a parent they could count on to be there, day after day, performing repeatedly the maintenance tasks of basic care and love.
The girls are grown now, and they still send me Father’s Day cards, but none of those cards means as much to me as that first one. Its simple message told me being a great parent didn’t require any special tools at all--just a willing worker.

The girls gave their mother a barbecue set probably because

A. it was what their mother wanted
B. it was a proper Father’s Day gift
C. barbecue was their favorite food
D. they wanted their mother to barbecue