问题 问答题

在第3题的情况下,如郭某来要马,陈某不给,则陈某与郭某之间产生何种民事法律关系

答案

参考答案:二者之间由不当得利转化为侵权关系。

解析: 不当得利成立以后,就在当事人之间发生不当得利的债权债务关系,利益取得人负有返还利益之债务,但在返还利益的范围上因利益取得人的善意恶意而不同。
善意利益取得人仅负现存利益的返还义务,而恶意受益人则负返还所有利益的义务。
如果受益人拒不返还应当返还的利益,就侵害了受害人的权利,就成立了侵权行为。

选择题
阅读理解

阅读下面短文,从每题所给的A、B、C、D四个选项中,选出最佳选项。

When we walk through the city, we all experience a kind of information overload but we pay attention only to those that are important to us. We don’t stop, we keep our faces expressionless and eyes straight ahead, and in doing so, we are not just protecting ourselves but are avoiding overloading other people as well.

We make use of stereotypes as convenient ways to make quick judgments about situations and people around us. They may not always be accurate, and they can often be dangerously wrong, but they are used regularly.

The problem with the stereotypes is that they restrict experience. By using limited clues to provide us with a rapid opinion of other people or places we may choose to limit our communication. We may decide not to go to certain places because we believe they will not offer something we enjoy.

In the city, styles of dress are particularly important with regard to self-presentation. Different groups often use clearly identifiable styles of clothes so that they can be easily recognized. It is becoming increasingly common for brand names to be placed on the outside of clothes, and this labeling makes it easy to send out information about fashion and price instantly, and lets other tell at a distance whether an individual has similar tastes and is a suitable person to associate with.

In England, where social grouping or class continues to make social distinctions, clothes, hairstyles, people’s pronunciation and the manner of speaking are all clues to our social group. Class distinctions tend to be relatively fixed, although in the city where greater variety is permitted, they are more likely to be secondary determining factors of friendship and association.

小题1:People walking in cities ignore the surroundings because _________________.

A.they do not wish to talk to other people

B.everyone else is expressionless

C.the environment is already familiar to them

D.there is too much information to get小题2:According to the passage, the main disadvantage of using stereotypes is that they _________.

A.are likely to lead us into dangerous situations

B.may make us miss some pleasant experience

C.can rarely be relied on

D.make us mentally lazy小题3:From the passage we may conclude that _____________.

A.stereotypes can help to understand people fully

B.people are becoming more interested in fashion

C.dressing can send messages about individuals

D.stereotypes can do more harm than good to people小题4:It would appear that in England, a person’s class ____________.

A.might be less important in making friends in a city

B.is mainly determined by his pronunciation

C.plays less of a role than it did in the past

D.is something that can be changed easily