问题 单项选择题

李某的妻子和女儿早年死亡,1999年李某也死亡,留有遗产房屋4间。遗产未经分割,李某的儿子也因病死亡。为继承这4间房屋,李某的女婿、外孙女与李某的儿媳和孙子发生争执,则以下说法正确的是

A.李某的外孙女和孙子应各得2间

B.先由李某的儿子和女儿各自继承2间,再由女婿、外孙女各继承1间,儿媳和孙子各继承1间

C.李某的外孙女分得2间,儿媳和孙子各得1间

D.李某的外孙女的2间,儿媳先得1间和孙子分割另1间

答案

参考答案:D

解析:本题考查的是继承人的范围、代位继承和转继承。在法定继承案件中,第一,应当确定继承人的范围。除具备代为继承条件者外,只有在被继承人死亡时还活着又没有被剥夺继承权的法定继承人才能享有实际的财产继承权。具体在本案中,按照我国《继承法》第10条的规定,李某死亡后,本应由第一顺序的法定继承人即李某的配偶、子女和父母,继承其遗产,但其妻子和父母早亡,自然不再对李某财产享有继承权,而子女中,女儿先于李某死亡。根据《继承法》第11条的规定:"被继承人的子女先于被继承人死亡的,由被继承人的子女的晚辈直系血亲代位继承",李某的外孙女享有代位继承权。李某的儿子是后于李某死亡的,所以他是当然的法定继承人。因此,本案实际享有李某4间房屋继承权的人是李某的外孙女和李某的儿子。第二,应明确李某的儿子应继承的2间房屋在李某死亡时就已经转归他所有了。因为在我国:"继承从被继承人死亡时开始",鉴于继承人均未明示放弃继承,李某的4间房屋在李某死亡时就已经转归李某的儿子和外孙女所有了。第三,关于俩人的继承份额,《继承法》第11条规定:"代位继承人一般只能继承他的父亲或母亲有权继承的份额",第13条第1款规定:"同一顺序继承人继承遗产的份额一般应当均等",二人应各自继承2间。第四,应当明确李某的儿子所继承的2间房屋应是夫妻共有财产,因为李某死亡时李某的儿子就已经取得了2间房屋的所有权,根据我国《婚姻法》的相关规定:"夫妻在婚姻关系存续期间所得的财产,归夫妻共同所有,双方另有约定的除外"。第五,在李某的儿子死亡后,在他和他的法定继承人之间又发生了一次继承程序,即出现转继承问题。首先,应该分家析产,李某的儿子继承的2间房屋中的一间是李某儿媳的个人财产,另一间才是李某儿子的遗产,由其法定继承人即其妻子和儿子共同继承。

单项选择题

Questions 26-30I am always a little puzzled when I hear people complain about the difficulties of finding a good job. Young people in their 20s express dissatisfaction that all the good jobs have been taken by those in their 40s. People in their 40s, trapped in the middle groups of the workforce, complain about waiting for their elders to make room for them at the top. Older employees worry about being forced out of the job market prematurely by younger people willing to work at entry-level wages. It is not a pretty picture.But I do not buy it. In my view, differences between generations are not a problem but an opportunity-if you remember to apply some basic principles of self-marketing. Most of us learned from Marketing 101 textbooks that there are four phases in the life cycle of a product or brand. The names may differ, but essentially the four phases are Introduction, Growth, Maturity and Decline. As a manager of high-profile athletes for more than 30 years, I know that these four phases certainly apply to the career and marketability of an athlete.An athlete’s introduction or start-up phase is when he or she starts competing, does well and captures the attention of people in the sport. Introduction turns into the growth phase when the athlete goes from being a promising performer to an established star. That’s when everybody wants a piece of the athlete’s time and he must stay focused on his primary talent and not get distracted by side issues.For an athlete, the toughest thing about the mature phase may simply be recognizing that he or she is in it. If you’re marketing a bar of soap it is easy to tell if the product is mature. It is there in the stagnant or shrinking sales figures. It is different with athletes. Not only do they think the growth phase will never end, but they often deny that there is any decrease in their athletic skills or marketability, no matter what the numbers say.The decline phase for an athlete may sound harsh, but it doesn’t have to be if he or she thinks of it as a reflective phase. In this phase an athlete can have tremendous future as a legendary figure who functions as an ambassador for his or her sport. If you substitute "employee" for "athlete" in these examples, these four phases apply to any individual’s career.I genuinely believe that whenever people face a career crisis, a big reason is because they are "out of phase." I have always been a tremendous advocate of recruiting older workers. With the massive downsizing of corporate America, there are tens of thousands of talented men and women over the age of 50 who feel shut out of the work-place. To me, these people are a gold mine-not because they are available but rather because they possess the qualities that employees in the introduction and growth phases lack, namely wisdom and experience. And since many of them received generous early-retirement packages, money is not their sole motivation. In other words, they are affordable.If I were marketing myself in the mature phase, I’d focus on these qualities. Wisdom, experience and affordability make up a potent package. But you can not do that unless you first recognize and fully appreciate the phase you are in.

What can be concluded from the passage

A.Most young people cannot find a job if they don’t study the four phase theory.

B.Young people with good jobs have studied the four phase theory.

C.Job seekers should fully understand the phase they are in.

D.Older employees will be forced out of job market by the young.

多项选择题