问题 问答题

李一对李五的债权,应如何清偿

答案

参考答案:李一对李五的债权,只能依《继承法》第33条之规定,由李五的财产继承人壬、癸在所继承的遗产内清偿。

解析:
  本题中共有人李四、王五对于张三的无权处分行为的追认即属典型以行为表示追认――要求分得货款。实际上李一、李五之间约定的“附条件”,并非买卖合同生效的条件,而是转移标的物所有权的条件,故精确地讲,这是一个“附所有权转移条件”的合同,而不是“附生效条件”的合同。依《合同法》第133条的但书规定,当事人有权约定转移标的物所有权条件(时间)。依《担保法》第33、34条的立法精神,只要对某物有所有权或处分权,当事人即有权利将之设立抵押。但是,《担保法》第 43条规定:“当事人以其他财产抵押的,可以自愿办理抵押物登记,抵押合同自签订之日起生效。当事人未办理抵押物登记的,不得对抗第三人。当事人办理抵押物登记的,登记部门为抵押人所在地的公证部门。”依此,不办理抵押物登记的一般动产抵押不得对抗第三人,故其效力仅基于抵押人与抵押权人之间,而不能影响对于该物的其他物权人的利益。

阅读理解

信息匹配(共5小题;每小题2分,满分10分)

首先,请阅读一些关于针对学生在生活或学习中遇到问题给出建议的信息。

A.Try to talk to him, tell him it’s wrong for you two to do that. Then try to help him with his lessons in your spare time. If he can’t accept it, let it be. Maybe he’s not such a good friend.

B.You shouldn’t regret. The beauty of one’s looking or appearance doesn’t stand for everything. You are young and still depend on your parents. The most important thing is to study hard and you are sure to have a good future.

C.I used to have the same problem. You can try my ideas, they really work. First, talk about the things you like best and can do best. Then try to make friends you’re your neighbours.

D.You can get some examples from newspapers, magazines or TV shows, let her know it’s really bad.E. Tell him that he has done something good to animals. If he takes the eggs home, how will their mother feel when she can’t find them? On the other hand, what kind of birds are they?

F. Say sorry to him first. And try to repair it. Or you may give him your favourite toy car instead. Or buy a new one for him.

请阅读一些关于中学生所遇问题的信息,然后进行匹配。

1. My friend Jenny always takes a walkman with her and listen to loud music. I think it may hurt her ears. But she doesn’t seem to care.

2. Sam saw some bird eggs under a tree when we had a trip in the forest. He wanted to take them home. I stopped him. He’s angry with me.

3. Jack let me play with his favorite toy car. I make it go too fast and it crashed.

4. All my friends have many new clothes. They wear clothes in different style every day. But my parents can’t afford it. I think it’s ashame.

5. My close friend always wants me to give him the answers in exams. I do that. But I’m afraid I might be caught. If I don’t do that, he might not be my friend any more.

单项选择题 A1/A2型题