问题 单项选择题

能够引起物权取得的法律事实包括民事法律行为和民事法律行为以外的原因,下列不属于民事法律行为而取得物权的情形是哪一项

A.张三以自己的房屋为王二向银行借款提供抵押,银行对张三的房屋拥有抵押权

B.李四将祖传的油画赠与救命恩人赵五,赵五接受取得油画的所有权

C.甲父因病去世,甲继承其父三间房屋

D.甲父因病去世,乙根据与甲生前所订立遗赠抚养协议,取得甲父生前所收藏古董一件

答案

参考答案:C

解析:【测试点】 民事法律行为取的物权的情形。【解析】 因法律行为取得物权是最常见的法律事实,包括因买卖、互易、赠与、遗赠等行为取得物权,通过物的所有人与其他人的设定行为为他人设定典权、抵押权、地役权等他物权。民事法律行为以外的原因取得物权的情形,主要包括:因时效取得物权;因公用征收或没收取得物权;因附合、混合、加工取得所有权;因继承取得物权;因法律的规定取得物权。选项A是抵押权的设定,B是赠与,D是遗赠,而C是继承,因此,C是正确答案。

填空题
阅读理解

C

Some experts feel that cars are certain to fall into disuse. They see a day in the not-too-distant future when all cars will be deserted and made useless. Other experts, however, think the car is here to stay. They hold that the car will remain a leading means of city travel in the foreseeable future.

The car will undoubtedly change greatly over the next 30 years. It should become smaller, safer, and more practical, and should not be powered by the gas engine. The car of the future should be far more pollution-free than present types.

Unless changes take place in the power system, the car in the future will still be the main problem in city traffic jams. One suggested solution to this essential problem is the automated (自动的) system, which seems to hold water.

When the car enters the highway system, a small arm will drop from the car and connect with a rail, which is similar to those powering subway trains electrically. Once joined to the rail, the car will become electrically powered from the system, and control of the car will pass to a central computer. The computer will then monitor all the car’s movements. The driver will use the telephone to dial instructions about his position and the place he heads for into the system. The computer will find the best way and reserve space for the car all the way to the correct exit from the highway. The driver will be free to relax and wait for the call that will warm him of his coming exit. It is believed that an automated highway will be able to deal with 10,000 cars per hour, compared with the 1,500 to 2,000 cars that can be carried by a present-day highway.

48. What is the main concern of the author of the passage?

A. How to make cars pollution-free.            B. How to make cars smaller and safer.

C. How to solve the problem of train jam.   D. How to develop an automated subway system.

49. We can infer from this passage that __________.

A. the car connected to the rail on the highway will be powered by electricity.

B. The lack of oil is forcing people to find new means to power automobiles.

C. The driver under the system will be told where to get out of the highway.

D. The future car will become larger, faster, prettier and less expensive.

50. What provides cars with electric power in an automated highway system?

A. An engine.        B.A rail.   C. A computer controller.            D. A small arm.

51. Which of the following statements is true according to the passage?

A. The driver puts his information in the system by email.

B. The new system can deal with 10 times as many cars as the present one.

C. After entering the automated system, the driver needs to do nothing but relax.

D. Some experts are not confident of the future, while the view of the author is hopeful.