问题 问答题

试述票据权利的原始取得。

答案

参考答案:票据权利的原始取得,是指持票人不经其他任何前手权利人,而最初取得票据。包括发行取得和善意取得。其中发行取得是指权利人依出票人的出票行为而原始取得票据权利。它是票据权利最主要的原始取得方式,也是其他取得方式的基础,没有票据权利的发行取得,其他取得方式无从谈起。
善意取得是指票据受让人依票据法规定的转让方式,善意地从无处分权人处取得票据,从而取得票据权利。票据权利的善意取得必须符合以下构成要件:①必须是从无权利人处取得票据。因为如果其前手为有权利人,受让人当然取得票据权利,无适用善意取得的必要。②必须是依《票据法》规定的票据转让方式取得票据。根据我国《票据法》的规定,受让人必须依背书方式取得票据,并且能够以背书连续证明自己为合法持票人。③受让人必须是善意。所谓善意是指无恶意或重大过失。恶意就是明知让与人无让与权利;重大过失就是欠缺一般人应有的注意,没有发现让与人无让与权。对于受让人善意的判断,应以受让人取得票据时的情况为判断标准;且其注意义务也仅限于其直接前手。受让人就其善意与否,不负举证责任。

阅读理解

阅读理解

     Frederick Law Olmsted (1822-1903), a Connecticut farm boy, saw his first public park in

Liverpool, England, as he accompanied his brother on a walking tour. He was impressed by the park's

winding paths, open fields, lakes and bridges. Perhaps the most wonderful things of all was that the park

was open to everyone.

     A moment beginning in 1840 to set aside park land on New York City's Manhattan Island had a

successful result in 1856 with the purchase of 840 acres of rocky and swampy (沼泽的) land, bought

with about $5 million in state funds. Olmsted's chance of meeting with a project organizer led to his

applying for the job of the park manager. In 1857 Olmsted was appointed manager of the proposed

park, and the clearing of the site began.

     Calvert Vaux, a British architect, asked Olmsted to collaborate with him on a park design, and

Olmsted agreed. Vaux saw the park as a work of art, while Olmsted saw the park as a place for people

to escape the noise of the city. Together they invented a plan that would give the persons and animals

living in the city a quiet, green park and would also preserve and increase the good qualities of the natural

features of the land. The commissioners voted in favor of Vaux and Olmsted's plan, and in 1858, the two

became the official designers of New York City's Central Park.

     It took cartloads of topsoil to build Central Park's gentle slopes, shady glens, and steep, rocky

ravines.Five million trees were planted, a watersupply system was laid, and bridges, arches, roads and

paths were constructed. The park officially opened in 1876, and today, well over a century later, people

still escape the noise of the city in Olmsted and Vaux's great work of art.

1. What is the text mainly about?

A. A history of the planning of Central Park.

B. An engineering plan for Central Park.

C. A biography of Frederick Law Olmsted.

D. A guided walking tour of Central Park.

2. Olmsted became manager of Central Park because of________.

A. his friendship with Calvert Vaux

B. his hard work in clearing the land

C. his winning a design competition

D. a chance of meeting with one of the park's organizers

3. The underlined word "collaborate" in the third paragraph means "________".

A. disagree  

B. comment

C. vote  

D. work together

4. Which of the following is TRUE about Central Park?

A. It is out of date nowadays.

B. The designers came from the same country.

C. It is an old park in America.

D. It is only for people who can well afford it.

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