张家和李家的院子相连，张家在自家的院子里种了几棵苹果树。在下_爱下问搜题

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问题单项选择题

张家和李家的院子相连，张家在自家的院子里种了几棵苹果树。在下果季节，有六个苹果掉进了李家院子，李家正好没人，但苹果被李家院子中的猪吃掉了。对于被吃掉的苹果应该怎么办( )

A．张家向李家主张侵权责任应予支持

B．张家向李家主张不当得利责任应予支持

C．损失由张家自行承担

D．李家应给予张家适当补偿

答案

参考答案：C

解析：本题涉及孳息及侵权责任和不当得利责任相关问题。依照《物权法》第116条之规定，掉下的苹果属于张家所有，因为掉下的苹果属于孳息。但该苹果被李家院子中的猪吃掉，张家主张侵权责任应否支持答案是否定的。此时的侵权责任应为一般过错责任，李家将自养的猪放在自家院子里，不存在过错，故张家无权请求李家承担侵权责任。张家主张不当得利责任应否支持答案也是否定的。因为张家向李家主张不当得利责任除证明自己受损外，还要证明李家受益，及受损和受益之间存在因果关系。李家的猪吃掉六个苹果，是否使李家受益恐难证明，故该请求也不予支持。李家应否给张家适当补偿，这涉及公平责任的适用问题。公平责任的适用前提是公平观念，而本例中依照习惯不存在补偿问题。本题选项为C。

解答题

有20只鸽子，如果每6只鸽子住一个窝。这些鸽子需要多少个窝？

完形填空

Years ago, if a teenager had some problems in his life, he might go home and write in his diary; now, a teenager with 21   problems might go onto the Internet and write about them in a blog(博客). In many ways, a diary and a blog are very 22 . But what makes bolgging different from writing in a(n)      23  diary?
The biggest difference is that a blog is much more 24  than a diary. Usually, a teenager treats his diary like a book full of 25  that he does not want to 26  with others.
It’s interesting that someone who writes in a blog 27 a diary will probably write nearly the same information.
I have a little sister, and sometimes I go online to read her 28 . She writes about things like waking up early for swimming practice and not studying enough for her chemistry test.   29 I was her age, I wrote about the same things, but 30  in my dairy. Then, after I had finished writing, I would hide my diary in a secret place because I was 31  that my sister might read it.
The biggest 32  with blogging is that anyone can read what you write. If I was angry with a friend during high school and wrote something 33  about him in my diary, he would never know. 34 , if my sister ever wrote something bad about a friend, that friend might 35   her blog and get angry.
There are also 36  to blogging, of course. If I was feeling sad one day and wrote in my diary, “ Nobody cares about me”, because no one would   37  about it. However, if my sister wrote the same sentence in her blog, her best friends would quickly 38  and tell her how much they 39   her. Blogs help people 40 in contact with their friends and know what the people around them are doing.

B．interesting

D．traditional

C．shortcomings