问题 单项选择题

完全不能辨认自己行为的精神病人甲将自己的手表丢向路边,被乙拾得。下列哪一选项是正确的?

A.甲丧失手表所有权

B.乙依先占取得手表所有权

C.乙应将手表返还权利人

D.乙的行为构成无因管理

答案

参考答案:C

解析:解析:完全不能辨认自己行为的精神病人属于无民事行为能力人,根据《民法通则》第13条的规定,无民事行为能力人,由他的法定代理人代理民事活动,其自身所为的民事行为无效。据此,甲的行为不能认为是抛弃行为,手表也不是抛弃物,甲并不丧失手表的所有权,故选项A说法错误。《物权法》第109条规定,拾得遗失物,应当返还权利人。可见,我国法律并不承认遗失物的拾得人可依先占取得所有权,因此,乙应将该手表返还权利人,故选项B错误,选项C正确。无因管理,是指没有法定或约定的义务,为避免他人利益受损失而为他人管理事务或提供服务的行为。本题中并没有信息表明乙的行为是为避免甲的利益受到损失而为的行为,因此不符合无因管理的构成条件,故选项D错误。本题的正确答案是C.

阅读理解

阅读理解

                                                             Thanks a Million, Dad

     I was born disabled.A difficult birth, feet first, my head stuck.By my first birthday, I couldn't stand

or walk.

     When I was three, the doctor told dad I had cerebral palsy (脑瘫).A loss of oxygen to my brain had

destroyed brain signals to the right side of my body.

     But no son of my dad' s was going to be disabled.Every morning before breakfast and every evening

before bed, my dad placed me on the bedroom floor to exercise my right leg.The muscles were shrunk

and twisted together.Back and forth up and down, my dad pushed and pulled the muscles into shape.

     But my dad' s exercise of passion didn't stop there.For my 13th birthday, he threw me a special

party.When everybody was gone, he brought me to open a large box, it was a-set of boxing gloves.

We put them on.My dad kept on beating me mercilessly.Each time I tried to get up, leather kissed

my nose, eyes and jaw.I "begged him to stop. He said he beat me to get me ready for the tough world.

    That same year, I was the only kid in my neighborhood that wasn't picked for Little League. Two weeks

later.Dad started the Shedd Park Minor League, and every kid played.Dad coached us and made me

a pitcher (棒球投手).

   The power of my dad' s love guaranteed I walked and more.In high school, I became a football star.

     In 1997, a brain surgeon in San Jose told me I didn't t have cerebral palsy after all.He explained how

and where the doctor' s forceps (镊子) at birth had damaged my brain.

     My dad never knew the whole truth since he passed away years ago.But all that counts is the bottom

line.After all his madness, on this Father' s Day, like every Father' s Day, I' m no longer disabled.

1.What caused the author' s disability?

A.A failed operation.

B.The doctor's forceps.

C.An accident in a game.

D.Shrunken and twisted muscles.

2.What do we learn from the passage?

A.The author has a talent for boxing.

B.The author achieved a lot thanks to his father' s love.

C.The author became a baseball star with the help of his father.

D.The author doesn't think his father should be so strict with him.

3.Paragraph 3 suggests that the author' s father____.

A.wouldn't give up hope easily

B.believed his son was a normal child

C.blamed the doctors for his son' s disability

D.couldn't accept the truth that his son was disabled

4.The author wrote the passage to ____.

A.remember his father

B.encourage disabled children

C.show the difficulty the disabled face

D.give advice to the parents of disabled children

单项选择题