问题 问答题

甲某和乙某都是某公司干部,二人住同一个宿舍,因工作需要,公司委派甲某去公司设在深圳的办事处工作一年。甲某临行时,将自己的一台 36cm国产彩色电视机委托给乙某保管和使用。3个月后,甲某给乙某写信,说自己在深圳又买到一台日本产51cm彩电,家中的一台可以适当价格卖掉。本公司的司机丙某得知此消息后,找到乙某,表示想买下这台彩电,但又不愿多出钱。丙对乙说,你可以给甲写封信,告诉他彩电的显像管出了毛病,图像不清,要求他降低价格出售。乙当时有些犹豫,但考虑到自己同丙关系不错,经常让丙开车给自己拉东西,若不答应他会影响今后的关系。同时,有一次公司派乙出去买啤酒,乙私自把啤酒运到自己家中两箱,丙知道此事。因而就按照丙的意思给甲某写了信。甲某回信说如果真是显像管坏了,可以降低价格卖掉。于是乙某就以500元的低价将彩电卖给了丙某。甲某从深圳回来后,知道了买卖彩电的真相,要求丙某返还彩电。丙某答复说,20天前已以1000元的价格卖与戊某。经查,戊某买下电视时对以上情况并不知情,1000元的价格与市价相差无几,但在5天前,戊某一家及邻居丁某看电视时,该电视突然爆炸,炸伤戊某及丁某,并造成其他财产损失近2000元。又查,该彩电的核心部件存在严重的质量隐患。

乙某、丙某买卖彩电的行为属于什么性质的行为效力如何

答案

参考答案:乙某与丙某买卖彩电的行为属于代理人与第三人恶意串通的民事行为,应认定为无效。

解析:对于第一、二个问题,解决和处理本案的关键是确认被告乙某和丙某买卖彩电的行为为双方恶意串通,损害第三人利益的民事行为。根据《民法通则》第66条第3款规定:"代理人和第三人串通,损害被代理人利益的,由代理人和第三人负连带责任。"代理人和第三人恶意串通;从民事法律行为的准则上来讲,属于因欠缺合法性而无效的民事行为。《民法通则》第58条规定:"下列民事行为无效:(一)无民事行为能力人实施的;(二)限制民事行为能力人依法不能独立实施的;(三)一方以欺诈、胁迫的手段或者乘人之危,使对方在违背真实意思的情况下所为的;(四)恶意串通,损害国家、集体或者第三人利益的;(五)违反法律或者社会公共利益的;(六)经济合同违反国家指令性计划的; (七)以合法形式掩盖非法目的的。无效的民事行为,从行为开始起就没有法律效力。"据此,本案中被告乙某和丙某买卖彩电行为就属于恶意串通,损害第三人利益的行为。乙某作为原告甲某的代理人,与丙某恶意通谋是滥用代理权的行为,其买卖彩电的行为自始不具有法律效力。

阅读理解

D

Here is what I have been told of the matter.

In the spring of 1842, Marguerite was so weak, so different in her looks, that the doctors had ordered her to take the waters. She therefore set out for Bagneres.

Among the other sufferers there, was the Duke's daughter who not only had the same complaint but a face so like Marguerite's that they could have been taken for sisters.  The fact was that the young Duchess was in the third stage of consumption and, only days after Marguerite's arrival, she passed away.

One morning the Duke, who had remained at Bagneres caught sight of Marguerite as she turned a corner of a gravel walk.

It seemed as though he was seeing the spirit of his dead child and, going up to her, he took both her hands, embraced her tearfully and, without asking who she was, begged permission to call on her and to love in her person the living image of his dead daughter.

Marguerite, alone at Bagneres with her maid, and in any case having nothing to lose by compromising herself, granted the Duke what he asked.

Now there were a number of people at Bagneres who knew her, and they made a point of calling on the Duke to inform him of Marguerite's true situation. It was a terrible blow for the old man, for any resemblance with his daughter stopped there. But it was too late. The young woman had become an emotional necessity, his only excuse and his sole reason for living.

He did not criticize her, he had no right to, but he did ask her if she felt that she could change her way of life, and, in exchange for this sacrifice, he would offer all the compensations she could want. She agreed.

It should be said that at this point Marguerite, who was by nature somewhat highly strung(excited and nervous), was seriously ill. Her past appeared to her to be one of the major causes of her illness, and a kind of superstition(迷信) led her to hope that God would allow her to keep her beauty and her health in exchange for her regret and shame.

And indeed the waters, the walks, healthy fatigue and sleep had almost restored her fully by the end of that summer.

The Duke accompanied Marguerite to Paris, where he continued to call on her as at Bagneres.

This connection, of which the true origin and true motive were known to no one,  gave rise here to a great deal of talk, since the Duke, known till now as an enormously wealthy man,  now began to acquire a name for the prodigality(挥霍).

67. Why did the Duke take Marguerite’s both hands when he saw her?

A. His daughter and Marguerite were once good friends.

B. Marguerite is his daughter’s spirit.

C. Marguerite resembles his daughter.

D. They haven’t seen each other for long.

68. What’s the right order of the events?

a. The Duke accompanied Marguerite to Paris.

b. Marguerite set out for Bagneres.

c. The Duke took Marguerite as his daughter.

d. The daughter of the Duke passed away.

e. Marguerite took a gravel walk

A. e-c-b-d-a                  B. c-d-e-b-a                  C. b-d-e-c-a                  D. d-a-c-b-e

69. From the passage we can guess that Marguerite _______.

A. doesn’t believe in God

B. was once a woman without a good fame

C. was strange to all the people in Bagners

D. kept her own way of life while living with the Duke

70. According to the passage, Marguerite went to Bagners _______.

A. just for a gravel walk                                          B. to find her sister

C. to visit the Duke                                                 D. for treatment

单项选择题