问题 单项选择题

甲有一块价值1万元的玉石。甲与乙订立了买卖该玉石的合同,约定价金11,000元。由于乙没有带钱,甲未将该玉石交付与乙,约定三日后乙到甲的住处付钱取玉石。随后甲又向乙提出,再借用玉石把玩几天,乙表示同意。隔天,知情的丙找到甲,提出愿以12,000元购买该玉石,甲同意并当场将玉石交给丙。丙在回家路上遇到债主丁向丙催要9000元欠款甚急,丙无奈,将玉石交付与丁抵偿债务。后丁将玉石丢失被戊拾得,戊将其转卖给己。根据上述事实,请回答题。

关于丙、丁对该玉石所有权的取得问题,下列说法正确的是:

A.甲将玉石交付给丙时,丙取得该玉石的所有权

B.甲、丙的买卖合同成立时,丙取得该玉石的所有权

C.丙将玉石交给丁时,丁取得该玉石的所有权

D.丁不能取得该玉石的所有权

答案

参考答案:C

解析: 无权处分与善意取得制度
本案中,甲将属于乙的玉石卖给丙的行为属于无权处分,买卖合同效力待定。又因丙对甲乙之间的买卖情况知情,说明丙不是善意第三人,不能根据善意取得制度取得玉石的所有权,除非得到乙的追认。因此,AB项错误。
丙将玉石交付给丁抵偿债务的行为也属于无权处分,但是丁对甲、乙,甲、丙之间的交易行为不知情,属于善意第三人,可以根据善意取得制度取得玉石的所有权。因此,C项正确,D项错误。

阅读理解

阅读下面的内容,将短文重新排序。

     It was a cold, dark night in November, and it was raining. It was six o'clock and people were going home

from work. Diana left her bank in a hurry, but she wasn't going home. She was driving to her friend Daniel's

house to have dinner.

     A. Suddenly she hit something in the road. She stopped, and got out of the car. It was a cat, but it was

dead. So she got back in the car.

     B. Diana went on with her drive. She looked in the mirror and saw a black truck behind her. It was very

near. She began to feel a little afraid. It was following her! Then the seven o'clock news started on the radio.

"The police are looking for a murderer (杀人犯) who ran away from a North London prison last night. He is

very dangerous …" Now Diana was really afraid.

     C. At ten to seven, Diana was driving along the Turner Road. Her friend Daniel was a farmer and he lived

30km north of London. She was listening to the radio, and beginning to free herself after a hard day at the

office.

     D. When the doorbell rang, Daniel was making dinner. He heard Diana shouting, quickly took his gun, and

ran to the door. At that moment, the black truck stopped next to Diana's car. A tall man got out. It was Daniel's

father.

     E. She began to drive fast, but the truck drove faster, too. It was right behind her. She left the Turner Road

but the black truck followed her. Now Diana was terrified (害怕). At last she arrived at Daniel's farm. She ran

up to the house and rang the doorbell. "Help, help, Daniel," she shouted.

1.____________ 2.____________ 3.____________ 4.____________ 5.___________

单项选择题