问题 问答题 案例分析题

2012年春节过后,甲外出打工,将一祖传瓷瓶交由邻居乙保管。乙因结婚用钱,谎称瓷瓶为自己所有,将其按照市价卖给了丙,得款1万元。2012年7月,乙见甲的房屋有倒塌危险,可能危及自己的房屋,遂以自己的名义请施工队加固甲的房屋。施工结束后,经结算需要支付工程款2万元。2012年底甲回村,因瓷瓶处分和工程款支付问题与乙发生纠纷。

结合上述材料,请回答下列问题:

(1)丙能否取得瓷瓶的所有权?为什么?

(2)乙出售瓷瓶是否属于侵权行为?为什么?

(3)施工队应向谁请求支付工程款?为什么?

(4)乙聘请施工队为甲加固房屋的行为是否构成无因管理?为什么?

答案

参考答案:

(1)丙能取得瓷瓶所有权。(2分)因为符合善意取得的条件。(3分)

(2)乙属于侵权行为。(2分)乙出售瓷瓶的行为是无权处分,侵害了甲的所有权,构成侵权行为。(3分)

(3)施工队应向乙请求支付工程款。(2分)因为施工队与乙之间存在合同关系。(3分)

(4)乙构成无因管理。(2分)因为乙没有对甲的事务进行管理的义务,但为避免甲的利益受损,对甲的事务进行了管理即聘请施工队加固甲的房屋,符合无因管理的构成要件。(3分)

单项选择题

Generally speaking, a British is widely regarded as a quiet, shy and conservative person who is (1) only among those with whom he is acquainted. When a stranger is at present, he often seems nervous, even (2) . You have to take a commuter train any morning or evening to (3) the truth of this.

Serious-looking businessmen and women sit reading their newspapers or dozing in a corner; hardly anybody talks, since to do so would be considered quite (4) .

(5) , there is an unwritten but clearly understood code of behavior which, once broken, makes the offender immediately the object of (6) .

It has been known as a fact that a British has a (7) for the discussion of their weather and that, if given a chance, he will talk about it (8) .

Some people argue that it is because the British weather seldom (9) forecast and hence becomes a source of interest and (10) to everyone.

This may be so. (11) a British cannot have much (12) in the weathermen, who, after promising fine, sunny weather for the following day, are often proved wrong (13) a cloud over the Atlantic brings rainy weather to all districts! The man in the street seems to be as accurate — or as inaccurate — as the weathermen in his (14) .

Foreigners may be surprised at the number of references (15) weather that the British (16) to each other in the course of a single day. Very often conversational greetings are (17) by comments on the weather. “Nice day, isn’t it” “Beautiful!” may well be heard instead of “Good morning, how are you” Although the foreigner may consider this exaggerated and comic, it is (18) .pointing out that it could be used to his advantage. If he wants to start a conversation with a British but is at a loss to know (19) to begin, he could do well to mention the state of the weather. It is a safe subject which will (20) an answer from even the most reserved of the British.

13()

A.since

B.once

C.when

D.while

单项选择题