问题 单项选择题

某招领处将招领期已过的一块瑞士罗马表以拍卖的方式卖给公民甲,公民乙将该表盗走并以较低价格卖与公民丙。公民丙又将表丢失,被人捡到送到招领处。经查,该表原为公民丁所有。现公民甲、丙、丁都向招领处主张该表的所有权,该表应归谁所有

A.应归公民甲所有

B.应归公民丙所有

C.应归公民丁所有

D.应由公民甲、丙、丁共有

答案

参考答案:A

解析:本题考查所有权归属问题。   首先,招领期已过招领处已将表拍卖,甲就已经合法取得表的所有权,即使丁原为该表的所有权人他也已丧失所有权。其次,丙取得该表虽然也支付了对价,但是是以较低的价格,因此不能肯定丙就是善意取得该表(善意取得是指原物由占有人转让给第三人,而该第三人并不知占有人为非法转让,则该第三人称为善意第三人,他可以取得原物的所有权,所有权人不得请求善意第三人返还原物)。再次,即使丙善意取得该表,却是从盗表的乙那里取得,鉴于盗赃不适用于善意取得,丙因此不能取得表的所有权。所以表最终还应归甲所有,A为正确答案。

选择题
阅读理解

阅读理解

     Can dogs and cats live in perfect harmony in the same home? People who are thinking about adopting a dog as a friend for their cat are worried that they will fight.A recent research has found a new recipe for

success.According to the study, if the cat is adopted before the dog, and if they are introduced when still

young (less than 6 months for cats, a year for dogs), it is highly probable that the two pets will get along

swimmingly.Twothirds of the homes interviewed reported a positive relationship between their cat and dog.

However, it wasn't all sweetness and light.There was a reported coldness between the cat and dog in 25% of the homes, while aggression and fighting were observed in 10% of the homes.One reason for this is

probably that some of their body signals are just opposite.For example, when a cat turns its head away it

signals aggression, while a dog doing the same signals submission.

     In homes with cats and dogs living peacefully,  researchers observed a surprising behavior.They are

learning how to talk in each other's language.It is a surprise that cats can learn how to talk 'Dog', and dogs can learn how to talk 'Cat'.

     What's interesting is that both cats and dogs have appeared to develop their intelligence.They can learn to read each other's body signals, suggesting that the two may have more in common than was previously

suspected.Once familiar with each other's presence and body language, cats and dogs can play together,

greet each other nose to nose, and enjoy sleeping together on the sofa.They can easily share the same

water bowl and in some cases groom (梳理) each other.

     The significance of this research on cats and dogs may go beyond pets-to people who don't get along,

including neighbors, colleagues at work, and even world superpowers.If cats and dogs can learn to get

along, surely people have a good chance.

1. The underlined word "swimmingly" in Paragraph 1 is closest in meaning to ________.

A. early                                                                              

B. sweetly                                                                            

C. quickly                                                                            

D. smoothly                                                                          

2. Some cats and dogs may fight when ________.                                        

A. they are cold to each other                                                        

B. they look away from each other                                                    

C. they misunderstand each other's signals                                            

D. they are introduced at an early age                                                

3. What is found surprising about cats and dogs?                                      

A. They eat and sleep together.                                                      

B. They observe each other's behaviors.                                              

C. They learn to speak each other's language.                                        

D. They know something from each other's voices.                                      

4. It is suggested in Paragraph 4 that cats and dogs ________.                        

A. have common interests                                                              

B. are less different than was thought                                                

C. have a common body language                                                        

D. are less intelligent than was expected