问题 单项选择题

甲有天然奇石一块,不慎丢失。乙误以为无主物捡回家,配以基座,陈列于客厅。乙的朋友丙十分喜欢,乙遂以之相赠。后甲发现,向丙追索。下列选项哪一个是正确的( )

A.奇石属遗失物,乙应返还给甲

B.奇石属无主物,乙取得其所有权

C.乙因加工行为取得奇石的所有权

D.丙可以取得奇石的所有权

答案

参考答案:A

解析:[考点] 拾得遗失物;善意取得 奇石本为甲所有,作为遗失物,其是甲不慎丢失的动产,并非是无主物。对于他人的遗失物,拾得人应当归还失主。乙不能基于先占取得有主物即该奇石的所有权。乙将该奇石配上基座的行为属于动产和动产的附合,即两个或以上的不同所有人的动产互相结合,非经毁损不能分离或分离在经济上不合理,而并非是加工,即一方使用他人的财产加工改造为具有更高价值的财产。对于合成物的归属应当考虑各动户所有人财产的价值,区分主物与从物。对于奇石和基座而言,奇石自然是主物而基座是从物,该奇石应归所有人甲所有。乙不能取得该奇石所有权。善意取得是指无处分权人无权处分其占有的动产或不动产,如果他将该动产或不动产转让给第三人,受让人取得该动产或不动产时出于善意,则受让人将依法即时取得对该动产或不动产的所有权。善意取得制度要求受让人必须是通过交换而取得财产,而不能是通过继承、赠与等无偿方式。对于丙而言,因其是无偿从无权占有人乙处取得奇石,不符合善意取得的条件,也不能取得该奇石的所有权。此时所有权人甲可以向无权占有人丙追索。

单项选择题 B1型题
单项选择题

Meet the Bauls


遇见鲍尔人


Most Westerners, if they know the Bauls at all, remember the non sequitur of a couple of members of this Bengali sect standing next to Bob Dylan on the cover of Dylan’s milestone album "John Wesley Harding. " The story goes that Dylan was depressed, and his foster-father/ manager, Albert Grossman, arranged for the seer-singers to visit Woodstock to cheer up our poet laureate.
Apocryphal I would agree, if my introduction to the Bauls weren’t remarkably similar.
I’d gone to India as a recent recruit of The Dharma Bums, a group that had been invited to play the World Festival of Sacred Music in May. Unaccustomed to international travel, I got to the concert site in Bangalore dazed, sick, and terrified.
I came thoroughly awake at sound check. It’s fear that does it. Peering out at 800 empty seats at the local college auditorium, fighting with squealing mikes, a smattering of hangers-on understandably unimpressed with the wretched sounds coming from our throats. When the concert began, I settled in to my seat to suffer the humiliation of watching a whole show of spiritually advanced musicians make contact with a highest being—before we came out and sucked.
Then four men dressed in flowing golden-orange gowns sauntered onstage, smiling. They sat, acknowledging applause. The oldest and straightest was blind.
The Bauls call themselves spiritual anarchists because they declare themselves to be Hindus and true Moslems—acknowledging no contradiction. Their home base is Calcutta, the Indian city famous for its "black hole ," where everything is cut to the bone, spirituality included.
Seven months a year, the Bauls wander as musician mendicants, accepting alms for song. The remainder of the year, they return to their families and resume their "day job" of walking the cars of the hell-trains of Calcutta, performing their bloodless open-heart surgery for half-rupees and blessings.
The first of the four—the wasted remains of a handsome man—stood, commencing to wail and slowly, on bell-jangling feet, to dance. At the end of a long, thin arm he thumbed a one- stringed harp’s single note, his voice so filled with moumful joy that tears instantaneously began to splash my cheek. He seemed to cry out: "All you see before you is yours Lord, do with me what you will. " A single tooth flashed against the scarlet hole of this mouth, ecstasy-laced red eyes pinched shut, then opened again to pilot bare feet to a resting place. As he sat, we rained applause.
A smaller, more powerful black swan of a man stands. His voice, unlike his comrade’s, is virile and revved up to matinee-idol pitch. The black swan plucks out a wobbling volley, then points his pick hand straight at a member of the audience. What proceeds is a wedding of power and passion as might have caused Otis Redding to reconsider his singing career. Our applause is thunderous. He makes the prayer sign at chest, and sits.
Up rises Oedipus at Colonnus, his eyes shameless wounds, never to heal; the fourth Baul, a young drummer, takes the elbow of this guru he walks beside every day, his master now singing and smiling. With each step, the blind man comments with even greater vigor at another even more extraordinary development in this, his dialogue with GoD.The guide prods him to the edge of the stage; once there, Oedipus raises both his hands and commences to crow for joy, connecting with such power as we, the audience, cry out to tell him where we are and to thank him, almost as a lover cries in gratitude. Hearing this, he redoubles his effort. At the very edge of the huge stage, the other three are bent, whipping up a small storm of accompaniment. Oedipus suddenly twists his head halfway between heaven and earth, and straight into the hot stage lights he peers as three shrill notes shoot from his small, misshapen mouth, making it all stop. He is with God already; what remains here with us is merely a witness to the beyond.
What else matters Certainly not our performance. My only ambition at present is to be nearer the Bauls.

It can be deduced that, for most time of the year, the Bauls______.

A.live an exciting life in Calcutta
B.live a squalid, from-hand-to-mouth life
C.wander among the cars and train on the streets
D.offer their performances as blessings for the poor