问题 多项选择题

下列各选项中,哪些属于民法上的孳息( )

A.出租柜台所得租金

B.果树上已成熟的果实

C.动物腹中的胎儿

D. * * 中奖所得奖金

答案

参考答案:A,D

解析:[考点] 孳息的概念、范围
[详解] 孳息是指财产上产生的收益。孳息分为两种:1.天然孳息,是指原物因自然规律而产生的,或者按物的用法而收获的物,天然孳息可以是自然的,也可以是人工的。果树上成熟的果实和动物腹中的胎儿都属于自然孳息;2.法定孳息,指根据法律规定,由法律关系所产生的收益。法定孳息是由他人使用原物而产生的。比如,出租柜台而产生的租金收入。果树上成熟的果实,因为尚未和果树脱离,属于果树的一部分,而不是独立的物或者独立的财产,不能算孳息。而动物腹中的胎儿也因为尚未出生,不算独立的客体,还算是母体的一部分,也不算孳息。对于 * * 中奖而得到的奖金,虽然不是天然产生的收益,但其取得的收益是符合法律规定的,因而属于孳息。由此可知,本题的答案是AD。

单项选择题
单项选择题

In order to understand, however imperfectly, what is meant by "face", we must take (1) of the fact that, as a race, the Chinese have a ply (2) instinct. The theatre may almost be said to be the only national amusement, and the Chinese have for theatricals a (3) like that of the Englishman (4) athletics, or the Spaniard for bull-fights. Upon very slight provocation, any Chinese regards himself in the (5) of an actor in a drama. He throws himself into theatrical attitudes, performs the salaam, falls upon his knees, prostrates himself and strikes his head upon the earth, (6) circumstances which to an Occidental seem to make such actions superfluous, (7) to say ridiculous. A Chinese thinks in theatrical terms. When roused in self-defense he addresses two or three persons as if they were a multitude. He exclaims: "I say this in the presence of You, and You, and You, who are all here present. " If his troubles are adjusted he (8) of himself as having "got off the stage" with credit, and if they are not adjusted he finds no way to "retire from the stage". All this, (9) it clearly understood, has nothing to do with realities. The question is never of facts, but always of (10) . If a fine speech has been (11) at the proper time and in the proper way, the requirement of the play is met. We are not to go behind the scenes, for that would (12) all the plays in the world. Properly to execute acts like these in all the complex relations of life, is to have "face". To fail them, to ignore them, to be thwarted in the performance of them, this is to " (13) face". Once rightly apprehended, "face" will be found to be in itself a (14) to the combination lock of many of the most important characteristics of the Chinese.

It should be added that the principles which regulate "face" and its attainment are often wholly (15) the intellectual apprehension of the Occidental, who is constantly forgetting the theatrical element, and wandering (16) into the irrelevant regions of fact. To him it often seems that Chinese "face" is not unlike the South Sea Island taboo, a force of undeniable potency, but capricious, and not reducible to rule, deserving only to be abolished and replaced by common sense. At this point Chinese and Occidentals must agree to (17) , for they can never be brought to view the same things in the same light. In the adjustment of the incessant quarrels which distract every hamlet, it is necessary for the "peace-talkers" to take a careful account of the (18) of "face" as European statesmen once did of the balance of power. The object in such cases is not the execution of even-handed justice, which, even if theoretically desirable, seldom (19) to an Oriental as a possibility, but such an arrangement as will distribute to all concerned "face" in due proportions. The same principle often applies in the settlement of lawsuits, a very large percentage of which end in what may be called a (20) game.

12()

A.enhance

B.misunderstand

C.spoil

D.retell