问题 单项选择题

甲与乙签订了试用买卖合同,将一头牛交给乙试耕。乙以自己的名义卖给了不知情的丙,并为交付。则以下表述正确的是:

A.乙之行为为无权处分,但丙可善意取得该牛所有权

B.乙为有权处分,丙可继受取得该牛所有权

C.未经甲的追认,丙不能取得该牛所有权

D.乙以自己的名义出让给丙、乙、丙之间的合同属于效力未定的合同

答案

参考答案:B

解析:理由:对试用买卖来说,买受人对标的物法律上的处分或者事实上的处分,视为对标的物的认可(同意购买)。乙因简易交付取得了这头牛的所有权。乙对该牛不是善意取得,而是正常取得;不是原始取得,而是传来取得。相应地,他对该牛的处分,为有权处分,丙可取得所有权,而无须受制于甲的追认,丙也无主张善意取得的可能与必要。

填空题
阅读理解

In 1891, a man named James Naismith was teaching physical education at a school in Springfield. One long, cold winter, he had to create a game for 18 young men to play indoors. So the Canadian-born Naismith wrote some rules.

Rule number one: “The ball may be thrown in any direction with one or both hands.” Two: “The ball may be batted in any direction with one or both hands (never with the fist).”

In all, there were 13 rules— the original rules of basketball. James Naismith is recognized as the inventor of basketball.

The National Association of Basketball Coaches established the Naismith Memorial Basketball Hall of Fame in Springfield, Massachusetts, in the northeastern United States in 1949. It opened in 1968 at Springfield College. A new, larger building opened in 1985. And, four years ago, the Hall of Fame moved into a newer building, just south of its former home. The new building increased the size by almost one hundred percent. 

Honors ring in Basketball Hall of Fame.

The Basketball Hall of Fame is a museum and entertainment center. It combines history with technology. And it tries to capture the energy and excitement of the game. In the Center Court area, for example, visitors can play interactive games of basketball and take part in skill competitions.

The Hall of Fame explores basketball at every level of the game. Visitors learn about professional basketball in the United States and other countries. They learn about women’s teams and how the game is played at the college level. They also learn about basketball for disabled people.

The Hall of Fame honors the best players, teams, coaches and officials in basketball. Earlier this month, six more honorees joined the more than 250 people in the Hall of Fame. The six new members are Geno Auriemma, Charles Barkley, Joe Dumars, Sandro Gamba, David Gavitt and Dominique Wilkins.

40. James Naismith is considered to be the forerunner of basketball mainly because ____.

A. he discovered the first basketball                

B. he created the earliest basketball games

C. he set up the Basketball Hall of Fame

D. he organized the earliest basketball games

41. From the passage, we can infer that ____.

A. the Hall of Fame only honors the best basketball players

B. James Naismith was employed as a coach in the Hall of Fame

C. visitors can compete with the professional players in the hall

D. a variety of basketball games are developed by the Hall of Fame

42. James Naismith made some rules in order to ____.

A. organize an indoor basketball game  

B. improve physical education at school

C. train his students for the Hall of Fame

D. invent the game of basketball for the young

43. The passage talks mainly about ____.

A. the Basketball Hall of Fame         B. the first basketball games

C. the original 13 basketball rules   D. the players in the Hall of Fame