问题 多项选择题

张某在去世前留下遗嘱,将一栋自有房屋遗赠给外甥王某。张某去世后,王某对遗产保管人张某儿子口头表示放弃受遗赠权。张某去世前,已将该房为黄某设定抵押权。对此下列说法正确的是:

A.张某去世后,遗产分配前,登记簿上的原权利人已不存在,而新权利人尚未登记,因此该房屋为无主物

B.王某如不放弃受遗赠权,则可原始取得所有权

C.无论王某是否放弃受遗赠权,黄某对该房的抵押权不受影响

D.王某放弃的实质是该房的所有权

答案

参考答案:C,D

解析:(1)继承发生后、遗产分配前的财产法律效果是:继承人的生前财产归全体继承人共同共有。但是,遗赠或者遗嘱处分的财产直接归被遗赠人、继承人所有。因此,在遗产分配完毕之前,这些财产并非无主物。该房屋因为被遗赠给了王某,因此继承发生即直接归王某所有。这里需要注意的是:继承导致的不动产物权移转,不是因法律行为而发生的不动产物权移转,因此继承人可不经登记即直接取得不动产物权。而为法律行为者,必须要完成移转登记,受让人才能取得不动产物权。因此,A项错误,D项正确。(2)继承人、受遗赠人取得继承之物的物权是继受取得而非原始取得,这至少可以从以下两方面得到印证:第一,继承财产仍然要担保死亡者的债务的清偿,即使已归继承人、受遗赠人所有。第二,继承财产已上存在的物权,如抵押权,不因抵押人死亡而消灭。因此,B项错误,C项正确。

阅读理解

     One day, I happened to meet an Englishman in the street and soon we began to talk. As I was talking

about how I was studying English, the foreigner seemed to be very surprised, gently shaking his head and

saying, "You don't say! You don't say!" I was puzzled (困惑的), and I thought, "Perhaps this is not a right thing to talk about." So I said to him, "Well, shall we talk about the Great Wall? Have you ever been

there?"

      "Certainly, everyone back home will laugh at me if I leave here without seeing it. The Great Wall is

"wonderful!" "Yes, it is one of the wonders in the world. And people of many countries have come to visit

it." As I went on telling him more about it, he stopped me again, "You don't say!"

      I couldn't help asking, "Why do you ask me not to talk about it?"

      "Well, I didn't ask you to do so," he answered, greatly surprised.

      "Didn't you say 'You don't say!' ?" I asked again.                           

       Hearing this, the foreigner laughed loudly. He began to explain, " 'You don't say!' means 'Really?' .

Perhaps you know little about English idioms (惯用语).

      "Wow! How foolish I was! Since then I have been careful with English idioms.  

1. The writer was puzzled because ________.

A. the foreigner knew the Great Wall so well

B. the foreigner had some trouble in understanding him

C. the writer himself didn't understand the meaning of "You don' t say!"

D. the foreigner was not polite

2. What made the foreigner laugh?

A. The wonder of the world.                

B. The English idiom.

C. The writer's talking about the Great Wall.  

D. The writer's question.

3. When the foreigner used the idiom "You don't say!", he meant________.

A. "Shut up!"    

B. "Really?"  

C. "Stop talking!"  

D. "Look out!"

4. The story probably (可能) happened in_________.

A. China      

B. America      

C. England      

D. Australia

单项选择题 A1型题