问题 多项选择题

张某将房屋2间典给王某,期限5年,王某支付典价8000元,王某与张某约定到期不赎,即作绝卖,典权5年期限届满时,房屋的市场价值为10万元,以下说法正确的是( )

A.张某要回赎房屋,须经王某的同意

B.张某要回赎房屋,只须向王某支付 8000元

C.张某到期不回赎,王某有权直接取得房屋的所有权

D.张某到期不回赎,王某有权取得所有权,但是应向张某支付差价

答案

参考答案:B,C

解析:[考点] 典权中的回赎和作绝
在《民法通则》和其他法律中没有对典权作出规定:但是在我国的一些司法解释中涉及典权的内容,因而典权现在在我国是一种受到司法保护的权利。典权是典权人支付典价,对他人的不动产进行占有、使用、收益的权利。
回赎是指出典人向典权人提出以支付原典价消灭典权的单方行为。回赎是出典人的权利,它只需要出典人一方的意思表示并支付原典价即可,不必取得典权人的同意即产生效力。本题中张某可以直接行使回赎权,不需要王某的同意,所以A选项不正确。王某支付的典价是8000元,张某回赎时即只需要支付8000元,所以B选项正确。
作绝是指有期限的典权,附有“到期不赎,即作绝卖”的条款的,因期限届满由典权人取得所有权,典权亦因混同而消灭。本题中王某和张某约定了作绝条款,张某到期不回赎,典物的所有权即归王某,王某不需要支付差价,所以D选项不正确,C选项
正确。

阅读理解

When I was a kid, I was close to my dad, but as I grew older, my dad and I grew further apart. We always had totally different opinions. He thought that college was a waste of time, but for me it was important to finish college. He wanted me to work my way to the top as he had done in his field, but I wanted a different life. There was a time when we did not talk with each other.

A few months ago, I heard that my 84-year-old dad was in poor health. When he called and asked whether I could move from Colorado back to Tennessee to help him, I knew he was seriously ill. I am his only child and so it was time to meet my father’s requirement.

Two weeks after moving back, we bought a boat and started fishing again. Fishing was one of the few things that we did while I was young and that we both enjoyed. It is strange but true that as we are fishing we are able to put things that have kept us apart for so many years behind us. We are able to talk about things that we have never talked about before. Fishing has been healing the old wounds that have kept us apart

It is not important how many fish we catch. It is about enjoying the relationship that we have not had for years. I’m 62 and he is 84. When we are on the lake fishing, it is like two kids enjoying life. It is far better to find a way to put the unhappy past behind. I am so lucky to spend the happy time with my father in his last years. Now my heart is filled with love. A smile always graces my lips.           

小题1:The author and his father became further apart because______________.

A.they had different views on things

B.they lived very far from each other

C.they only communicated by phone

D.they seldom went to see each other小题2:What made the author come back to Tennessee?

A.Because his father invited him to go fishing.

B.Because he decided to live in a different city.

C.Because his father is ill and needs caring.

D.Because he regretted being rude to his father.小题3:For the author,fishing with his old father___________ .

A.helps cure his father’s disease

B.is a good way to get close to nature

C.makes him realize the importance of exercise

D.offers a chance for them to communicate小题4:According to the passage, which of the following is TRUE?

A.The writer’s car is always breaking down.

B.Father intended me to be a fisherman.

C.I was unwilling to come back.

D.Father used to think it was useless to attend college..小题5:What can be the best title for the text?

A.Forgiving Is Difficult

B.Fishing Brings Us Together

C.Memories of Old Days

D.My Beloved Father

单项选择题