问题 多项选择题

依据我国《物权法》及相关法律规定,以下物权的取得不以登记为生效条件的是哪些?()

A.法院执行生效判决将甲公司的房屋进行拍卖,王某拍得了一栋房屋

B.张某在自己承包的荒地上为李某设定抵押权

C.赵某在宅基地上盖了一栋房屋

D.孙某设立了一份遗嘱,孙某死亡后,孙某的孙子孙亮取得了孙某的房屋

答案

参考答案:C, D

解析:本题涉及物权取得的生效要件问题。本题A选项中,法院判决将该房屋拍卖,王某通过拍卖取得该房屋,王某的所有权是通过转让方式取得的,应以登记为生效要件。特别注意的是,如果法院判决该房屋为王某所有,则王某自法院判决生效之日起取得房屋所有权,登记仅具确认效力而非生效效力。本题B选项中,张某在自己承包的荒地上为李某设定抵押权,该抵押权自登记之日起生效,登记是生效要件。本题C选项中,赵某自建房屋的行为,自房屋建好即取得所有权,登记仅具确认效力而非生效要件。本题D选项中,孙某的孙子孙亮在孙某死亡后继承开始时即取得孙某的房屋所有权,登记仅具确认效力而非生效要件。故CD项正确。

解答题
阅读理解

阅读理解

     When I was growing up, I was embarrassed to be seen with my father. He was severely crippled and

very short, and when we would walk together, his hand on my arm for balance, people would stare. If he

ever noticed or was bothered, he never let on.

     It was difficult to coordinate(协调) our steps - his slow, mine impatient -- and because of that, we didn't say much as we went along. But as we started out, he always said, "You set the pace. I will try to

adjust to you. "

     He never talked about himself as an object of pity, nor did he show any envy of the more fortunate or

able. What he looked for in others was a "good heart", and if he found one, the owner was good enough

for him.

      Now that I am older, I believe that is a proper standard by which to judge people, even though I still

don' t know accurately(精确地) what a "good heart" is. But I know the times I don't have one myself.

     Unable to engage in many activities, my father still tried to participate in some way.

     I now know he participated in some things indirectly through me, his only son. When I played ball

(poorly), he "played" too. When I joined the Navy, he "joined" too. And when I came home on leave, he

saw to it that(务必保证、一定) I visited his office. Introducing me, he was really saying, "This is my son, but it is also me, and I could have done this, too, if things had been different." Those words were never

said aloud.

     He has been gone many years now, but I think of him often. I wonder if he sensed my unwillingness

to be seen with him during our walks. If he did, I am sorry I never told him how sorry I was, how

unworthy I was, how I regretted it. I think of him when I complain about small affairs, when I am envious

of another's good fortune, when I don't have a "good heart".

     At such times I put my hand on his arm to regain my balance, and say, "You set the pace, I will try to

adjust to you."

1. The author felt unhappy walking with his father because __________.

A. he was pitiful for his father's physical disability

B. it was hard for them to walk at the same pace

C. he didn't want others to know he had an ugly father

D. it was not easy for his father to keep balance

2. In the father's view, the most important quality a good person should have is __________.

A. beautiful appearance

B. excellent health

C. a smart head

D. a good heart

3. It can be inferred from the text that __________.

A. the father was proud of his only son

B. the father took part in all his son's activities

C. the author was upset when asked to his father's office

D. the author was a good ball player and outstanding soldier

4. According to the last paragraph, by saying "You set the pace. I will try to adjust to you.", the

    author means that __________.

A. he is now glad to help his father to walk

B. he regrets his unwillingness to walk with his father

C. he will follow Father's standards of being a good man

D. he will never forget how mentally strong his father was