问题 单项选择题

甲男与乙女通过网络聊天认识,不久后,两人同居。同居期间,甲出资1万元,乙出资5000元,共同购买一台笔记本电脑。3个月后,乙发现笔记本电脑不见了,甲告知乙借给丙使用,不久即可归还。事实上,甲因赌六合彩需要用钱,将该电脑出质给丙,得借款1万元。因甲到期无力还款,丙以1.2万元的价格将该电脑卖与丁。乙得知后,与丙、丁发生纠纷。对本案的表述,正确的是:()

A.本案中,丙能够取得该电脑的质权

B.本案中,丙对甲所有份额能够取得质权,对乙所有份额不能取得质权

C.本案中,丁能够取得该电脑的所有权,理由是善意取得

D.本案中,丁不能取得该电脑的所有权

答案

参考答案:A

解析:本题中,甲、乙对电脑的共有为按份共有。在按份共有关系中,共有人对其应有份额享有处分权,故甲就其应有份额设定质押有效。甲未经乙同意,将乙之份额也设定质押的,是否有效?依《民通意见》第89条的规定,共同共有人对共有财产享有共同的权利,承担共同的义务。在共同共有关系存续期间,部分共有人擅自处分共有财产的,一般认定无效。但第三人善意、有偿取得该项财产的,应当维护第三人的合法权益;对其他共有人的损失,由擅自处分共有财产的人赔偿。依《担保法解释》第84条的规定,出质人以其不具有所有权但合法占有的动产出质的,不知出质人无处分权的质权人行使质权后,因此给动产所有人造成损失的,由出质人承担赔偿责任。应认为丙得依善意取得乙之份额的质权,故丙能够取得该电脑的质权。丙取得电脑的质权后,在甲无力还款时,丙出卖电脑即行使质权的行为,故丁经买卖合同而取得该电脑的所有权系通过合同取得,而非善意取得,故C、D选项错误。应予注意的是,本题中,甲因赌六合彩而将电脑出质于丙,虽然动机违法,但法律行为的效力是不考虑动机的,故借款及质押行为均有效。因此,本题正确选项为A。

单项选择题
阅读理解

Bill Javis took over our village’s news-agency at a time of life when most of us only wanted to relax. He just thought he would like something but not too much to do, and the news-a­gency was ready-made. The business produced little enough for him, but Bill was a man who only wanted the simplicity and order and regularity of the job. He had been a long-serving sailor, and all his life had done everything by the clock.

Every day he opened his shop at 6:00 a. m. to catch the early trade; the papers arrived on his doorstep before that. Many of Bill’s customers were city workers, and the shop was convenient for the station. Business was tailing off by 10 o’clock, so at eleven sharp Bill closed for lunch. It was hard luck on anybody who wanted a paper or magazine in the after­noon, for most likely Bill would be down on the river bank, fishing, and his neatest competitor was five kilometers away. Sometimes in the afternoon-, the evening paper landed on the doorway, and at 4 o’ clock Bill reopened his shop. The evening rush lasted till seven, and it was worthwhile.

He lived in a flat above the ship, alone. Except in the very bad weather, you always knew where to find him in the af­ternoon, as I have said. Once, on a sunny afternoon, I walked home along the river bank from a shopping trip to the village. By my watch it was three minutes past four, so I was aston­ished to see Bill sitting there on his little chair with a line in the, water. He had no luck, I could, see, but he was making no effort to move. “What’s wrong, Bill?” I called out from the path.

For answer, he put a hand in his jacket and took out a big, golden object. For a moment I had no idea what it could be, and then it suddenly went off with a noise like a fire en­gine. Stopping the bell, Bill held the thing up and called back, "Ten to four, you see, and this is dead right. "

I had never known anyone carrying a brass alarm clock round with him before.

5. Bill Javis became a news-agent when ________.

A. he need the money.                        B. he decided to take things easy

C. he was quite an old man                 D. he gave up clock-repairing

6. Bill opened the shop so early in the day because ________.

A. he liked to do as much as possible before he went to work

B. the shop had to be open when the morning papers came

C. he was never sure of time

D. it was then that he did a lot of business

7. On that sunny afternoon, the writer was surprised when he saw Bill because ________.

A. he thought it was late for Bill to be still fishing

B. he thought Bill was ill, since he was not moving at all

C. Bill had not caught anything, and that seemed strange

D. Bill stayed in his flat

8. From the information given in the passage, who or what do you think was wrong?

A. The bell was; it must have gone off at the wrong time.

B. Bill was; he had dropped off to sleep.

C. The writer’s watch was fast.

D. Bill’s clock was wrong; it was old.