问题 单项选择题

甲将一幅古画寄存在乙处,乙死亡,该古画由乙的两个儿子丙、丁占有,丙、丁以为古画为其父所有,送权威机构鉴定该画价值50万元,两人约定,该画归丙所有,丙付给丁25万元。丙是否能取得该画的所有权( )

A.能取得,因为丙、丁取得该古画是出于善意。且丙向丁支付了对价

B.能取得,因为丙取得该画时与丁实施了法律行为

C.不能取得。因为丙、丁从乙处取得该画并未实施法律行为

D.不能取得。因为丙、丁并非善意占有该画

答案

参考答案:C

解析:本题涉及善意取得、遗产继承法律问题。依民法原理,动产的善意取得是指无权处分他人动产的让与人,不法将其占有的他人动产交付于受让人后,若受让人取得该动产时出于善意,即取得该动产的所有权,原动产所有人不得要求受让人返还。其构成要件包括:标的物为动产;受让人须基于交易行为而受让动产的占有;受让人取得动产时须为善意。另依《继承法》第3条规定,遗产是公民死亡时遗留的个人合法财产。本题中,古画并非乙个人合法财产,而为甲所寄存之物,故在乙死亡后,该古画不为其遗产。丙丁虽占有该古画,但不能依据继承取得古画的所有权。丙丁负有保管古画并返还于甲的义务。虽丙支付丁25万元,但不符合善意取得要件,不能依法取得古画所有权。故本题选项为C。

多项选择题
单项选择题

More surprising, perhaps, than the current difficulties of traditional marriage is the fact that marriage itself is alive and thriving. As Skolnick notes, Americans are a marrying people: Relative to Europeans, more of us marry and we marry at a younger age. Moreover, aster a decline in the early 1970s, the rate of marriage in the United States is now increasing. Even the divorce rate needs to be taken in this pro-marriage context: some 80 percent of divorced individuals remarry. Thus, marriage remains, by far, the preferred way of life for the vast majority of people in our society.

What has changed more than marriage is the nuclear family. Twenty-five years ago, the typical American family consisted of a husband, a wife, and two or three children. Now, there are many marriages in which couples have decided not to have any children. And there are many marriages where at least some of the children are from the wife’s previous marriage, or the husband’s, or both. Sometimes these children spend all of their time with one parent from the former marriage; sometimes they are shared between the two former spouses.

Thus, one can find the very type of family arrangement. There are marriages without children; marriages with children from only the present marriage; marriages with "full-time" children from the present marriage and "part-time" children from former marriages. There are step-fathers, step-mothers, half-brothers, and half-sisters. It is not all that unusual for a child to have four parents and eight grandparents! These are enormous changes from the traditional nuclear family. But even so, even in the midst of all this, there remains one constant: Most Americans spend most of their adult lives married.

"Part-time" children()

A. spend some of their time with their half-brothers and some of their time with their half-sisters

B. spend all of their time with one parent from the previous marriage

C. are shared between the two former spouses

D. cannot stay with "full-time" children