问题 问答题

假设吴丙不知张甲和李乙的夫妻关系,张甲和李丙之间的买卖合同是否有效房屋的产权归谁所有买卖合同关系有效,如已登记吴丙则取得房屋的所有权

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解析:买卖合同关系有效,如已登记吴丙则取得房屋的所有权  考点: 无权处分善意取得  讲解:《合同法》第51条规定:“无处分权的人处分他人财产,经权利人追认或者无处分权的人订立合同后取得处分权的,该合同有效。”《合同法解释(一)》第9条规定:“依照合同法第四十四条第二款的规定,法律、行政法规规定合同应当办理批准手续,或者办理批准、登记等手续才生效,在一审法庭辩论终结前当事人仍未办理批准手续的,或者仍未办理批准、登记等手续的,人民法院应当认定该合同未生效;法律、行政法规规定合同应当办理登记手续,但未规定登记后生效的,当事人未办理登记手续不影响合同的效力,合同标的物所有权及其他物权不能转移。  合同法第七十七条第二款、第八十七条、第九十六条第二款所列合同变更、转让、解除等情形,依照前款规定处。”依据本条,买卖合同的效力不受无权处分的影响,所以买卖合同有效。  《民通意见》第89条规定:“共同共有人对共有财产享有共同的权利,承担共同的义务。在共同共有关系存续期间,部分共有人擅自处分共有财产的,一般认定无效。但第三人善意、有偿取得该财产的,应当维护第三人的合法权益,对其他共有人的损失,由擅自处分共有财产的人赔偿。”吴丙在不知汽车为共同共有的情况下,可以适用善意取得规则,在履行登记的要式手续后,取得汽车的所有权。

判断题
阅读理解

A wife’s level of education positively influences both her own and her husband’s chances of having a long life, according to a new Swedish study.

In the study, researchers from the Swedish Institute for Social Research in Stockholm found that a woman’s level of education had a stronger connection to the likelihood of her husband dying over education. What’s more, they discovered that a husband’s social class, based on his occupation,  had a greater influence on his wife’s longevity(长寿)than her own class.

“Women traditionally take more responsibility for the home than men do, and, as a consequence, women’s levels of education might be more important for determining lifestyles-for example, in terms of food choices-than those of men,” say Srs. Robert Erikson and Jenny Torssander of the Swedish Institute for Social Research in Stockholm.

The results show that a husband’s level of education does not influence his longevity, but that men with partners who had quit studying after school were 25 per cent more likely to die early than men living with women hodling university degrees. In turn, those married to women with university degrees were 13 per cent more likely to die early than those whose wives had post-graduate qualifications.

According to the researchers, a woman with a good education may not marry a man who drinks and smokes too much or who drivers carelessly, and men with such habits may not prefer highly educated woman. Drs. Erikson and Torssander also suggest that better-educated woman may be more aware of what healthy eating and good health care consist of.

The findings suggest that education has a huge impact on how long and how well people live. It also reflects social factors, since educated individuals usually have better jobs, which allow them to afford healthier diets and lifestyles, as well as better health care.

68. In this passage the author intends to_______.

A. encourage women to get higher education

B. present the results of a study.

C. analyze the relationship between education and life

D. discuss why women usually live longer than men

69. A wife’s education has more effect on a family than a husband’s because______.

A. women make more sacrifices to their families than men do

B. most women have higher degrees than their husbands

C. most men marry women with higher degrees

D. women have a leading role in the home life of most families

70. A woman with higher education is likely to_____.

A. choose a husband with a higher degree than hers.

B. marry a man without many bad habits

C. earn more money than her husband

D. teach her children well

71. We learn from the passage that_______.

A. a man with a lot of education live longer than one with little.

B. a man’s longevity depends on not only his wife’s level of education but also his own.

C. educated wives tend to choose healthy lifestyles for their families.

D. highly-educated women don’t marry uneducated men.