问题 问答题

甲为搞运输,决定购买一辆汽车,但需资金10万元。甲向乙借款5万元,并以自己所有的一幅价值5万元的古代名画抵押,双方签订了抵押合同,但未办理抵押物登记。乙仍担心甲不能近期还款,于是甲父又以其所在的中学校舍为其设定抵押,并办理了抵押登记。甲又向丙借款5万元,并以该套古代名画质押,双方签订质押合同后,甲即将古代名画交付丙。甲得款后购买了汽车。汽车在运输过程中肇事,致使甲无力偿还借款,产生纠纷。诉讼到人民法院后,人民法院经审理查明,丙在保管过程中,不慎将名画损坏,送到丁处修理修复,因无力支付修复费5000元,该名画被丁留置,丁有一次拿出该画让朋友戊欣赏,被戊看中,遂出价40000元买下了该画。 问题:

丙、丁之间是什么法律关系

答案

参考答案:丙丁之间是加工承担合同法律关系,因丙拖欠修复费,丙丁之间形成留置法律关系。

解析:丙委托丁修复名画,丙是定作人,丁是承揽人,两者之间形成加工承揽法律关系。根据《担保法》第 82条的规定,本法所称留置,是指邻里本法第84条的规定,债权人按照合同的约定占有债务人的动产,债务人不按照合同约定的期限履行债务时,债权人有权依照本法规定留置该财产,以该财产折价或者以拍卖、变卖记该财产的价款优先受偿。该法第84条规定,因保管、运输、加工承揽合同发生的债权,债务人不履行债务时,债权人有权留置。本案中,丁是留置权人,丙是债务人,丙丁之间的留置关系合法有效。

阅读理解

阅读理解。

       Years ago, I lived in a building in a large city. There was another building not far from mine. A woman

  lived there. I had never met her, but I could see her sit by the window each afternoon, sewing (缝纫)or

  reading.

       After several months, I began to notice that her window was dirty. Everything was unclear through the

   dirty window. I would say to myself, "What a lazy woman! I wonder why she doesn't wash her window.

   It really looks terrible."

       One bright morning, I decided to clean my flat, including the windows. I worked the whole morning.

  When I finally finished the cleaning, I sat down by the window with a cup of coffee for a rest. What a

  surprise! Everything in the woman's flat could be seen clearly. Her window was clean!

       I began to understand. I watched the woman's window from my own dirty window. That's the

  problem!

       That is quite an important lesson for me. How often do I look at and criticize others through the dirty

  window of my heart?

       From them on, whenever I want to judge someone, I ask myself first, "Am I looking at him through my

   dirty window?" Then I try to clean the window of my own world so that I may see others' world more

  clearly.

1. What does the underlined word  judge mean in Chinese according to the passage?

A. 赞美  

B. 评判      

C. 妒嫉    

D. 鼓励

2. Why couldn't the writer see things clearly through the window several months later?

A. Because the woman's window was dirty.  

B. Because his own window was dirty.

C. Because the woman lived far away.      

D. Because he had poor eyesight.

3. What can we learn from the passage?

A. one shouldn't criticize others very often.

B. one should look at others through his dirty windows.

C. one should often keep his windows clean.

D. one should judge himself before he judges others.

选择题