问题 单项选择题

适用不当得利情形的有( )。

A.送贺礼祝寿

B.期前清偿债务

C.赌博之债

D.发货出现溢货

答案

参考答案:D

解析:[评析] 考查要点是不当得利的适用情形。不当得利是指无法律亡或合同上的根据,使他人财产受到损失而自己获得利益的行为。如发货出现溢货,这意味着收货方获得多余的货物没有法定或者约定的义务,而收货方取得多余的货物使自己受益,发货方受有损失,因此,属于不当得利。可见,D项是正确答案。一般而言,下列情形不能适用不当得利:扶养、抚养、赡养、赠与反悔、赌博之债、行贿受贿、自然债务(无扶养义务的亲属误以为有扶养义务而予以扶养;他人结婚生子给予贺礼;朋友亲属死亡给予随份子等)、慰问金等,不能依照不当得利返还。此外,期前清偿、明知无债务而清偿也不能适用不当得利。有其他根据行使权利时不能主张不当得利,如基于合同所生请求权等。可见,A项、B项和C项都不能适用不当得利。

阅读理解

阅读理解

     I remember that when I was in my teens, I used to go against many of the Dos and Don'ts my

parents taught me.For example, when I kept playing jazz records on the player, my father would

think of such music as making noise and replace  them with disks of classical music that I always

considered extremely dull.

     My mom and dad were also very particular about the friends I went out with, always saying that

"One rotten (腐烂) apple could ruin a whole barrel of apples". When I insisted on sleeping with my

pet dog, they immediately said NO because they thought that I would be bitten by fleas (跳蚤).

     These are just a few examples of many of the things that I thought my parents were unreasonable

about.Today, however, I am a father of a boy of sixteen, and I find that I, too, am pressuring my son

with a lot of rules that he seems to find hard to accept.The other day, I noticed that my son's hair was

too long, so I told him to go to the barber's and get it cut short.Usually, he is fairly obedient, but this

time he put_his_foot_down."What's wrong with my long hair?I don't think you have the right to order

me to cut it short, even if you're my father!"

     When I was a boy, if I had spoken in such a way to my father, he would have taught me a good

lesson.But now we are living in a world with more freedom.My son's insistence on wearing his long

hair was only an example of the generation gap that existed between us.So I tried to be more

understanding and now he still wears his long hair.

1. The writer's parents thought it proper for him to________.

A. sleep with his pet dog

B. listen to jazz

C. be careful about making friends

D. wear long hair

2. Which of the following is true?

A. The writer gave more freedom to his son.

B. The writer's son often went against him.

C. The writer always obeyed his parents as a child.

D. The writer liked wearing long hair.

3. The underlined phrase "put his foot down" in the third paragraph means ________.

A. obeyed  

B. insisted  

C. accepted  

D. left

4. The writer thinks that________.

A. parents should be more strict with their children

B. no generation gap exists between parents and children

C. parents have the right to order their children

D. parents should show more respect to their children

单项选择题