问题 单项选择题

在中世纪的法兰克王国,自由民乙偷走了自由民甲的一幅名画,并将其卖给了丙,丙后来又转卖给了丁。一个月后,甲在丁处认出自己的这幅名画,遂向法院起诉,要求丁返还该名画。而丁则声称该名画是他从丙处买来的,已经拥有了对该名画的所有权。请问以下说法错误的是:( )

A.法院应当支持甲的请求,因为甲拥有追及权
B.法院不应当支持甲的请求,因为丁通过善意取得制度而取得了该画的所有权
C.乙应该向甲承担损害赔偿责任
D.丙和丁不应该向甲承担损害赔偿责任

答案

参考答案:B

解析: 在日耳曼法中,除土地外,其他财产,如武器、牲畜、农具、奴隶等都属于动产。日耳曼法对动产确认了完整的私人所有权,法律严格保护这种所有权,侵犯他人动产要负赔偿责任。非基于自己的意思丧失动产的,所有人可对任何该动产的持有人行使追及权。因此甲对该画拥有追及权,A正确。尽管丁是善意取得该画,但因《法国民法典》强调所有权具有绝对无限制的特点,因此B错误。又根据法典中确定的过失责任原则,即承担损害赔偿责任以过失为基础,因此只有乙对甲承担责任,丙丁不承担,所以 C、D正确。依题意,B项当选。

阅读理解

One of the most widely accepted, commonly repeated assumptions (假设) in our culture is that if you exercise, you will lose weight. I exercise all the time, but I still have gut fat that hangs over my belt when I sit. Why isn’t all the exercise getting rid of it?

It’s a question many of us could ask. More than 45 million Americans now belong to a health club, up from 23 million in 1993. We spend some $19 billion a year on gym memberships. Of course, some people join and never go. Still, as one major study — the Minnesota Heart Survey — found, more of us at least say we exercise regularly.

And yet obesity (肥胖) figures have risen sharply in the same period: a third of Americans are obese, and another third count as overweight by the Federal Government’s definition. Yes, it’s entirely possible that those of us who regularly go to the gym would weigh even more if we exercised less. But like many other people, I get hungry after I exercise, so I often eat more on the days I work out than on the days I don’t. Could exercise actually be keeping me from losing weight?

The popular belief that exercise is essential for weight control is actually fairly new. As recently as the 1960s, doctors routinely advised against too much exercise, particularly for older adults who could injure themselves. Today doctors encourage even their oldest patients to exercise, which is sound advice for many reasons: People who regularly exercise are at significantly lower risk for all manner of diseases — those of the heart in particular. They less often develop cancer and many other illnesses. But the past few years of obesity research show that the role of exercise in weight loss has been wildly over-evaluated.

“In general, for weight loss, exercise is pretty useless,” says Eric Ravussin, exercise researcher at Louisiana State University. Many recent studies have found that exercise isn’t as important in helping people lose weight as you hear so regularly in gym advertisements or on shows like The Biggest Loser — or, for that matter, from magazines like this one.

The basic problem is that while it’s true that exercise burns calories and that you must burn calories to lose weight, exercise has another effect: it can make one hungry. That causes us to eat more, which in turn can negate (使无效) the weight-loss benefits we just gained. Exercise, in other words, isn’t necessarily helping us lose weight. It may even be making it harder.

小题1: From the passage we learn that ____.

A.some Americans join a health club but never go there

B.the number of overweight people has doubled since 1993

C.more than 45 million Americans now go to the gym regularly

D.Americans waste too much money each year on sports小题2: According to the passage, exercise ____.

A.has long been believed to be good for older adults

B.is not properly advertised as an effective way to lose weight

C.was first recognized as an effective way to lose weight in the 1960s

D.is less effective in preventing heart disease than what doctors believe小题3:According to the writer, people might gain weight because ____.

A.they have the habit of going to the gym regularly

B.they eat the same food when they do not exercise

C.they exercise less than required by doctors

D.they eat more after they exercise小题4:What may be the best title for this passage?

A.Overweight Is Not Good for Your Health

B.Exercise Won’t Make You Thin

C.Gym Is Part of American Lifestyle

D.Obesity Is a Social Problem in America

选择题