问题 单项选择题

苏小玲欲将祖传的青花瓷瓶一件卖给陈西玲,双方约定价款为15万元人民币,交货时间为2004年8月1日,金宏妍知道此事后,找到苏小玲,提出愿以20万元购买此瓷瓶,苏小玲同意,并当即将瓷瓶交给金宏妍,但金宏妍当时未付款。下列陈述不正确的是( )。

A.陈西玲可要求将瓷瓶交给自己,因为陈西玲与苏小玲已签订买卖合同且在先

B.陈西玲有权要求苏小玲承担违约责任

C.陈西玲无权要求金宏妍交付该瓷瓶,只能向苏小玲主张该项权利

D.苏小玲应当向金宏妍请求返还瓷瓶,金宏妍应返还

答案

参考答案:A

解析:金宏妍明知苏小玲与陈西玲签订瓷瓶的买卖合同,却和苏小玲恶意串通,结果苏小玲又将瓷瓶卖给了金宏妍,损害了陈西玲利益,应认为合同无效。标的物所有权自标的物交付时转移,苏小玲尚未将瓷瓶交付给陈西玲,因而瓷瓶所有权仍归苏小玲所有,而苏小玲又与金宏妍订立买卖合同,并已经交付,所以所有权属于金宏妍。故陈西玲只能要求苏小玲承担违约责任,而不能要求其交付瓷瓶。参见《合同法》第52、133条。

阅读理解
阅读下面短文,根据所读内容,在文章后小题的空格里填入一个最恰当的单词。
Blood donation, also called blood banking, is a wonderful thing to do. It is an easy and direct way of making a contribution to social work and having a big effect on the community. It helps to save lives and helps those who are in need of blood because of bad conditions or the heavy loss of blood during operations or in accidents.

You are able to give or donate blood every three or four months. The doctors say it is not bad for your health. It is such a beautiful way of making a huge difference to someone’s life and you can always be proud of it if you make a valuable contribution to society. Blood donation is not a big problem, but you need to keep a few points in mind.
Before donating blood, make sure that the ferrum(铁) level in your body is high enough and for that you should take a healthy diet. Do not go for blood donation with an empty stomach. You should follow the correct process so that everything goes well. After having a balanced diet you will feel strong and comfortable to donate blood. You will not feel weak at the same time.
For required hemoglobin(血红蛋白) in your body, drink lots of juice and other drinks. Fruit juice, such as apple juice is very good for increasing the blood level in your body.
For a good blood flow(血流) in your body, drink at least 6-7 glasses of water every day. Completely avoid taking alcohol or caffeine a day before and after giving blood. Do not smoke cigarettes(烟) half an hour before giving blood.
When you are going for blood donation, be relaxed, which helps keep the right blood pressure(血压). During the blood donation activity, you can breathe deeply and try to calm yourself down. Don’t take part in some other activities.
When you donate blood, you are making the effort to save someone’s life. Blood donation is a very simple and fast process, but you need to take care of yourself after donating blood. Proper care helps to reduce side effects. The following are a few tips that will help you out.
Take a rest for 15 minutes after completion of the donation. It helps you to feel relaxed and energetic.
Eat something and drink juice before leaving the blood donation center. Make sure that you have meals after donating blood. Smoking should be prevented for one hour after the process. Don’t join in some activities at once, for example, driving.
Finally, be proud of yourself because you have done a great thing in helping to save someone’s life. Blood donation is a very important activity.
Title
Blood donation— an important activity
The      小题1:    
of blood donation
Making contributions to   小题2:  work and the community.
Helping those people who suffer the     小题3:   of blood.
Before the donation
Take a healthy diet for a     小题4:    ferrum level.
Drink fruit juice for enough hemoglobin.
Drink at least 6-7 glasses of water a day for a good blood flow.
Avoid taking alcohol and    小题5:  cigarettes.
Never take     小题6:   in other activities.
During the donation
Relax and take a     小题7:  breath.
After the donation
Take a rest.
Don’t forget meals.
Don’t smoke      小题8:    one hour later after the process.
Never join in some activities     小题9:    .
Giving yourself a sense of    小题10:    of it after making a valuable contribution to society.
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