问题 单项选择题

朱某生前曾与村委会签订了遗赠扶养协议,约定去世后所有财产归村委会,村委会按协议尽了义务。朱某失散多年的妹妹在他去世前1个月回到家乡定居,朱某于是留下一份遗嘱,将其部分财产分给其妹继承。朱某去世后,其独生女从外地赶回来,要求继承遗产。下列有关朱某遗产继承的说法中正确的是:

A.所有财产应当按照法定继承由朱某的女儿继承

B.应按照遗嘱由朱某的妹妹继承部分财产,其余部分由朱某之女继承

C.遗赠抚养协议有效,朱某的所有遗产赠与村委会

D.先按照遗嘱由朱某的妹妹继承部分财产,其余部分赠与村委会

答案

参考答案:C

解析:本题考查法定继承、遗嘱继承、遗赠扶养协议的关系及其适用顺序。 《继承法》第5条规定:“继承开始后,按照法定继承办理;有遗嘱的,按照遗嘱继承或者遗赠办理;有遗赠抚养协议的,按照协议办理。”可见,遗赠扶养协议优于遗嘱继承,遗嘱继承优于法定继承。根据《继承法》第31条第2款规定:“公民可以与集体所有制组织签订遗赠扶养协议。按照协议,集体所有制组织承担该公民生养死葬的义务,享有受遗赠的权利。”本题中,村委会履行了义务,该协议有效。另据《最高人民法院关于执行(中华人民共和国继承法)若干问题的意见》第5条规定:“被继承人生前与他人订有遗赠扶养协议,同时又立有遗嘱的,继承开始后,如果遗赠扶养协议与遗嘱没有抵触,遗产分别按协议和遗嘱处理;如果有抵触,按协议处理,与协议抵触的遗嘱全部或部分无效。”朱某所立遗嘱与遗赠扶养协议相抵触,因而无效,应按照协议处理,故C选项正确。

判断题
单项选择题

In an age of perpetual digital connectedness, why do people seem so disconnected In a Duke University study, researchers found that from 1985 to 2004, the percentage of people who said there was no one with whom they discussed important matters tripled, to 25%; the same study found that overall, Americans had one-third fewer friends and confidants than they did two decades ago.

Another recent study, by researchers at the University of Michigan, found that college students today have significantly less empathy than students of generations past did. The reason, psychologists speculate, may have something to do with our increasing reliance on digital communication and other forms of new media.

It’s possible that instead of fostering real friendships off-line, e-mail and social networking may take the place of them—and the distance inherent in screen-only interactions may breed feelings of isolation or a tendency to care less about other people. After all, if you don’t feel like dealing with a friend’s problem online, all you have to do is log off.

The problem is, as empathy wanes, so does trust. And without trust, you can’t have a cohesive society. Consider the findings of a new study co-authored by Kevin Rockmann of George Mason University and Gregory Northcraft at the University of Illinois who specializes in workplace collaboration. Northcraft says high-tech communications like e-mail and (to a lesser extent) videoconferencing—which are sometimes known as "lean communication" because they have fewer cues like eye contact and posture for people to rely on—strip away the personal interaction needed to breed trust. In a business setting—as in all other social relationships outside the workplace—trust is a necessary condition for effective cooperation within a group. "Technology has made us much more efficient but much less effective," said Northcraft in a statement. "Something is being gained, but something is being lost. The something gained is time, and the something lost is the quality of relationships. And quality of relationships matters."

In Rockmann and Northcraft’s study, 200 students were divided into teams and asked to manage two complicated projects: one having to do with nuclear disarmament; the other, price fixing. Some groups communicated via e-mail, some via videoconference and others face to face. In the end, those who met in person showed the most trust and most effective cooperation; those using e-mail were the least able to work together and get the job done.

Northcraft thinks this is because real-life meetings, during which participants can see how engaged their colleagues are, breed more trust. Over e-mail, meanwhile, confirmation of hard work gets lost, which tends to encourage mutual slacking off.

The study of interpersonal relations by Duke University reveals that()

A. people become too introverted to talk about personal matters

B. people tend not to be empathetic

C. people may feel more isolated than they did before

D. people prefer online communication with others