问题 单项选择题

甲为甲父唯一的儿子,甲父某月中 * * 获奖200万,甲为牟取巨额财产,遂杀害其父以便依法定继承甲父财产。对该行为作何理解( )

A.该行为为民事法律行为

B.甲继承其父的财产是合法行为

C.甲杀害其父以获得财产的行为是违法行为

D.甲父被杀害导致甲继承其父之遗产是自然事件

答案

参考答案:C

解析:[评析] 本题考查法律事实和法律责任。法律事实分为法律行为和法律事件两类。民事法律行为的成立须具备三个要件:第一,主体为完全民事行为能力人;第二,须有真实的意思表示;第三,不违反公共利益和有关法律、法规。甲杀害其父以获得遗产的行为是一种不合法的行为,依法应当承担刑事责任。因此,甲的行为不是民事行为,A选项错误。法律事实必须是合法的事实,才能引起相应的法律后果,由于甲的行为是违法行为,因而不能按照当事人的意思产生相应的法律后果,其法律后果由法律直接规定,即甲丧失继承权,故B选项错误。法律事件包括社会事件和自然事件,本题中的杀人行为虽然是行为而非事件,但是对于引起继承法律关系的发生而言,其法律事实是甲父的死亡这一社会事件而非杀人行为,故C选项正确,D选项错误。

单项选择题 B型题
填空题



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Top American administrators often hold social gatherings (12) . Depending upon the size of the employer’s home and the number of (13) . These social gatherings may be picnics, pool parties, or (14) . If the company is large, an employer may hold what Americans call (15) . For an open house, the employer will invite his employees to come to his home (16) between 1 p.m. on a certain day. Those invited usually stay for (17) , chatting with the other guests and their host. People come and go (18) during the designated hours, and the host keeps refreshments, usually (19) or hors d’oeuvres and beverages, available for all who come. For such social gatherings, it is considered (20) the invitation unless you have an excellent reason.