问题 单项选择题

某甲向银行取款时,银行工作人员因点钞失误多付给1万元。甲以这1万元作本钱经商,获利5000元,其中2000元为其劳务管理费用成本。1个月后银行发现了多付款的事实,要求甲退回,甲不同意。下列有关该案的哪一表述是正确的( )

A.甲无需返还,因系银行自身失误所致
B.甲应返还银行多付的1万元
C.甲应返还银行多付的1万元,同时还应返还1个月的利息
D.甲应返还银行多付的1万元,同时还应返还1个月的利息及3000元利润

答案

参考答案:C

解析: 不当得利人的返还义务
本题中银行工作人员因点钞失误多付给甲的1万元,属于甲的不当得利所得。银行与甲之间因此具有不当得利法律关系。因此,选项A是错误的。
关于不当得利人应当返还的利益,《民通意见》第131条规定:“返还的不当利益,应当包括原物和原物所生的孳息。利用不当得利所取得的其他利益,扣除劳务管理费用后,应当予以收缴。”
因此,本题中甲某应当返还的不当利益包括原物即银行多付给的1万元和原物所生的孳息即1万元的利息。至于某甲利用1万元经商获得的利润并扣除劳务管理费用后的3000元应当予以收缴,而不是返还给银行。故C项正确,B、D项错误。

阅读理解

阅读理解。

     Scientists used to explore (探测 ) on the surface of the ocean. Now they are exploring below the surface,

too. They want to know about ocean water and the plant and animal life deep in the ocean.

     In 1934 the scientist William Beebe dived 3,000 feet below the surface in a hollow steel ball. In 1935

August Piccard dived 10,330 feet. In 1960 his son Jean dived to a depth of 35 ,800 feet.

     All these early dives were deep. But the divers could not stay down for very long. They had to come back

up to the surface after a few seconds. Scientists needed to stay down longer to study life below surface.

Gradually they succeeded. Cousteau, a Frenchman, was able to keep down to a depth of 36 feet for one month

and to a depth of 90 feet for a week.

     Now scientists are developing even better equipment. With this new equipment, man can stay below the

surface for days or even weeks. In 1962 Cousteau set up a research station 35 feet below the surface. Then,

in 1964,he set up another station on the ocean floor of the Red Sea. This was the first undersea station to

operate without help from the surface.

     Many countries are now studying undersea living. The former Soviet Union has an undersea laboratory in

the Crimean Sea. The United States has a laboratory 50 feet down on the ocean floor off the Virgin Islands. In

1970 five men lived there for two weeks. Then a team of five women scientists stayed in the laboratory. Next

came other teams of men. All were there to explore the ocean depths and to make plans for the use of its

resources. Scientists hope to find enough mineral, vegetable, and animal wealth there to provide food for the

entire world.

1. In order to _____,scientists are exploring below the surface of the ocean.

A. know about the ocean water deep in the ocean

B. stay down longer to study life of the plant and animal below the surface

C. know about the plant and animal life deep in the ocean

D. both A and C

2. Who made the deepest dive?

A. William Beebe.

B. August Piccard.

C. Jean Piccard.

D. Cousteau.

3. Who set up the first undersea station?

A. A Frenchman.

B. An American.

C. A Russian.

D. The passage made no mention.

4. Which of the following statement is true?

A. The early divers could not stay down for very long.

B. Up to now only five women scientists have stayed in the undersea laboratory.

C. The purpose of setting up the undersea laboratories is to make plans for the use

    of the resources in the ocean.

D. None of the above is true.

5. The author wants to tell us _____. 

A. that scientists try to explore the ocean depths

B. that scientists try to make use of resources in the ocean

C. about the secret of the plant and animal life in the ocean

D. both A and B

问答题 简答题