问题 不定项选择

甲的玉镯不慎丢失,乙拾得玉镯后将其以5万元卖给不知情的第三人丁,甲三年后得知此事。对此,下列表述正确的是:

A.由于过了两年的回复权期间,则不能再请求丁返还

B.尽管丁是善意,但是不能取得玉镯的所有权

C.甲依然可以行使回复权,将玉镯追回

D.甲在追回玉镯时,应当对于丁补足相应的价款

答案

参考答案:B,C

解析:根据物权法107条的规定,遗失物不能直接适用善意取得,只有在遗失人放弃追索和超过恢复期间的情况下,才能获得标的物的所有权。但是,尤其要注意的是,回复权的期间是2年,但是,起算点从知道或者应当知道受让人之日开始起算。本题尽管已经有三年的交待,但是,没有起算回复权的期间,因此,可以追回。在追回的时候,如果受让人是通过拍卖或者有经营资格的商店卖得的,则要补足价款才能追回,如果没有交代这样的信息,则可以无偿取回。因此,本题正确答案是BC。

填空题
单项选择题

I will never forget the year I was about twelve years old. My mother told us that we would not be (16) Christmas gifts because there was not enough money. I felt sad and thought, "What would I say when the other kids asked what I’ d (17) " Just when I started to (18) that there would not be a Christmas that year, three women (19) at our house with gifts for all of us. For me they brought a doll. I felt such a sense of (20) that I would no longer have to be embarrassed when I returned to school. I wasn’t (21) . Somebody had thought (22) of me to bring me a gift.

Years later, when I stood in the kitchen of my new house, thinking how I wanted to make my (23) Christmas there special and memorable, I (24) remembered the women’s visit. I decided that I wanted to create that same feeling of (25) for as many children as I could possibly reach.

So I (26) a plan and gathered forty people from my company to help. We gathered about 125 orphans (孤儿) at the Christmas party. For every child, we wrapped colorful packages filled with

toys, clothes, and school supplies, (27) with a child’ s name. We wanted all of them to know they were (28) Before I called out their names and handed them their gifts, I (29) them that they couldn’t open their presents (30) every child had come forward. Finally the (31) they had been waiting for came as I called out, "One, two, three. Open your presents!" As the children opened their packages, their faces beamed and their bright smiles (32) up the room. The (33) in the room was obvious, and (34) wasn’ t just about toys. It was a feeling, and the feeling I knew (35) that Christmas so long ago when the women came to visit. I wasn’t forgotten. Somebody thought of me. I matter.

21()

A.blamed 

B.loved 

C.forgotten 

D.affected