问题 单项选择题

甲的一件古董卖给乙,乙当场付清价金,约定甲10天后交货。丙听说后,表示愿以双倍的价钱购买。甲当即决定卖给丙,约定第3天交货,并收定金1万元,乙听说此事后,哄甲8岁儿子将古董从家中取出交给他。现对该古董所有权的归属,下列判断正确的是( )。

A.所有权仍属于甲
B.乙已取得古董的占有,可认为甲已履行合同,所有权归乙
C.甲又卖给丙的行为有违诚实信用原则,应认定无效,所有权属于乙
D.因对丙的合同所约定的交货期限较早,故应属于丙

答案

参考答案:A

解析: 动产所有权转移应该是合同加交付,根据题干材料,合同已经有了,但却没有交付。交付是民事法律行为,需要甲本人或其代理人履行,甲8岁的儿子将古董从家中取出交给乙不成立交付行为,所以所有权尚未转移。甲卖给丙的行为有效,但可能造成甲对乙的违约,且由于尚未交付,所有权还是属于甲。由于债权的平等性,所以不存在约定交货期较早就有优先权的问题。且没有交付给丙,丙也没有所有权。故选A。

阅读理解

阅读理解。

     根据短文内容,从短文后的选项中选出能填入空白处的最佳选项。选项中有两项为多

于选项。

     The person behind you constantly kicks the back of your seat. Your talkative seatmate doesn't

understand your need for sleep. And the aircraft's bathroom is a total mess. These situations can make

even a short flight unbearable .Hopefully you don't cause these unpleasant experiences for others.  1  

     Always recline(向后倾斜) your seat slowly. There's nothing worse than suddenly being hit in the

knees by the seat in front of you. In addition, don't keep your seat reclined for the entire flight. Always

keep it upright during mealtimes. And remember to put it in the upright position before going to the

restroom (or anytime you leave your seat.)

       2  Wait until the meal is done and all the food trays (盘子)have been collected .It's hard for

passengers to stand up to let you pass when they still have their food trays. And when using the

bathroom .always clean up after yourself -the next user will be grateful !

     Keep your body-and your possessions-to yourself as much as possible so as not to crowd your

in-flight seatmate(s) .Share the armrest , especially on a long flight .Also, be careful not to kick or push

on the seat in front of you.

     While some people enjoy chatting with other passengers during a flight, not everyone does. Some

people may want to nap ,read or work.  3  

     If you are traveling with someone and want to chat, keep your voices low.   4   People can still hear

through your headphones if the volume is too high.

     When exiting the plane, if others are having trouble with their carry-on luggage .help them if you can.

If you can't help ,wait patiently, and don't push past people to get off the airplane.On your flight ,

remember the golden rule:   5   

A. Don't leave your carry-on in the aircraft.

B. If the conversation seems one-sided , you should notice it.

C. Treat others the way you want to be treated!

D. Avoid going to the bathroom during mealtimes.

E. Instead ,you can set an example by following these common airplane courtesies (礼貌).

F. It is not polite to talk loudly in the aircraft.

G. If using electronic gadgets (小装置), keep the volume down.

问答题 案例分析题