问题 问答题

解释以下概念(1)逆向占有权(2)联权共有人与分权共有人(3)土地租赁与许可(4)Walsh诉Lonsdale案原则 (1984年9月)

答案

参考答案:

解析:逆向占有权是在未经真正业主许可或真正业主投有干涉的情况下占用和使用土地而产生的。逆向占有12年将给予占有人所有权,但这种逆向占有权的行为必须是公开的,和业主所有权相抵触的。 (2)联权共有人一起拥有整个土地的权益。他们都不能识别个人的权益。就好像他们形成了一个单一的团体来拥有土地的权益。如果受联权共有约束的财产被出售,那么联权共有人将根据各自的份额获得平等的收入。 分权共有又称为“土地未分股份”。即使股份是平分的,分权共有人对产权的份额也是各自分明的。股份保持不分割。如果受分权共有约束的财产标的物被出售,那么分权共有人将收到各自具体的份额。 (3)租契是一种合同,根据这种合同,在一段固定的时间内,财产的主人以固定的租金将财产的独占权转让给另一人。许可是允许进入另一业主的土地做某些事情或获取某些东西。 (4)在衡平法中,如果一个人达成租赁协议,但没有签字盖章的文件,并且如果他人住了、支付了租金或进行了维修,也就是说,如果有足够的部分履行行为,衡平法将认为地产业主实施签字盖章了正式租契。这种情况适用“衡平法把将应该做的视作已经做了的”的原则。该原则就是有名的 Walsk诉Lonsdale案原则。

填空题
阅读理解

阅读理解。

                                                                    Native Tongue

     At first Kate thought the Romanian girl could not speak and understand English. Nadia would not reply

to anything Kate said. Kate was in charge of showing Nadia around on her first day at Buckminster Grade

School. Kate could not figure out why the school had put Nadia in a class where she could not understand

what people were saying.

     "Why did they do this?" Kate wondered aloud. "I mean, you can't learn if you can't understand the teacher."

Nadia's voice was a whisper. "I understand English. I will learn." Nadia's English was perfect.

     Kate was perplexed. She couldn't understand why Nadia did not like to speak. Then she realized that

moving to a new country probably wasn't the easiest thing to do. There were hundreds of unfamiliar and

unusual things to learn-all at the same time.

     "There're a lot of new things to learn, huh?" said Kate. Nadia nodded rapidly. In a quiet voice she replied.

"Many things people say, I do not understand. I have been speaking English and Romanian all my life, but I

do not know what some children are saying. For example, yesterday a boy asked if I could help him find the

USB port on a thin black box he was carrying. Isn't a port a place for ships? It made no sense to me." "Don't

worry." said Kate. "You'll figure everything out in time. You see, that thin black box was a computer. A USB

port is a place where you can connect other machines to a computer." Nadia and Kate were quiet after that.

They took notes while the teacher gave a maths lesson. To Kate's surprise, Nadia put up her hand and offered

to answer questions at the blackboard.

     Nadia solved every question the teacher gave her. Some of the questions were really difficult, and no one

understood what was going on except Nadia and the teacher. When the teacher said that Nadia answered

everything correctly, the whole class clapped their hands.

     Nadia was smiling when she sat back down next to Kate. "Some things," she said in a normal voice, "are

the same all over the world."

1. At the beginning of Nadia's first day at school, she was _____.

A. disappointed

B. helpful

C. lively

D. shy

2. The underlined word "perplexed" probably means _____.

A. puzzled

B. angry

C. shocked

D. serious

3. We can infer from the passage that _____.

A. Nadia did not like Kate

B. Nadia had lived by the sea before

C. Nadia had never seen a computer before

D. Nadia spoke in a soft voice out of politeness

4. Which of the following statements is true?

A. Nadia was better at maths than other students.

B. Nadia found some of the maths questions difficult.

C. Nadia was encouraged to answer questions in class.

D. Nadia understood the maths better than other teachers.

5. What is the message of the story? 

A. Talking about something familiar gives you confidence in communication.

B. Answering questions in class makes you better understood by classmates.

C. Language plays an important role in communication between cultures.

D. Mathematics helps to improve communication between cultures.