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。

阅读理解

In 1990 Peter Salovey Ph. D and John Mayer Ph. D coined the term Emotional Intelligence. Their research has opened many people’s eyes to the fact that EQ or emotional quotient holds the key to one’s happiness and well being, and helped us to realize that our emotional makeup can be so much more important than our mental, or what we refer to as IQ—intelligent quotient.

IQ is essential for learning and mental development and EQ is much more important for happiness and success. Some time ago a study done in the United States proved that doctors who were impatient and did not exhibit much care towards their patients were more likely to be sued (起诉) for malpractice(渎职), whereas doctors who were caring and attentive to their patients were less likely to be sued even if they made a critical mistake. A woman wrote to newspaper recently telling about her brother. He was apparently a genius but did not get along with people, quit every job he started, and eventually became a taxi driver. These are just a few examples of people with high IQ but low EQ.

We have all known people who did not complete college, but who have become very successful in business. We call them street smart. We also know people who, on the whole, are positive, communicative, pleasant and supportive—these people enjoy a high level of EQ.

Many people wish to improve their EQ for the purpose of becoming happier, more successful, and at the same time more balanced, individuals. The remarkable thing about EQ is that it can always, at any age, be improved, unlike IQ, which remains more or less fixed in adult life.

Now psychologists start workshops focusing on showing people how to increase their EQ. This enables them to accomplish their dreams and desires, rid themselves of negative patterns and shows them that once they master their inner world, their outer world becomes much better.

47. In the second paragraph, the author gives us two examples to show that _____.

A. doctors in the United States are often involved in cases

B. working as a taxi driver in the United States requires high EQ

C. those with high IQ are often engaged in the low-rank work

D. those with low EQ have a harder time surviving in life

48. Which of the following can’t be used to describe the people with a high level of EQ?

A. They are positive, communicative, pleasant and supportive.

B. They are optimistic and untroubled by difficulties.

C. They are impatient and show little care towards others.

D. They may be very successful in business.

49. It can be inferred that predicting future successes, ______.

A. a person’s brainpower might actually matter less than a person’s character

B. a person’s IQ might be more important than a person’s EQ

C. IQ plays an important role as well as EQ

D. both IQ and EQ are the key points that should be considered

50. Which of following is NOT true according to the passage?

A. People with high IQ are likely to gain knowledge quickly.

B. At work EQ gets you hired easily and IQ gets you promoted.

C. Having a high IQ will help us in some ways but having a high EQ might help us even more.

D. People’s EQ could be raised much more than their IQ.

判断题