问题 问答题

(1)解释私人信托和公益信托之间的区别。 (2)在Commissioner of Income Tax诉Pemsel案中,Lord Macnaghten将慈善信托分为四种,即(a)救济贫困;(b)促进教育;(c)促进宗教信仰;(d)其他刘.社会有益处的目的。 简单解释每一种。(1994年11月)

答案

参考答案:

解析:相当多的考生试图回答此题。绝大多数对于此题的第一部分有所了解。简言之,私人信托和公益信托之间的区别特征是:确定性的要求,反永久存在规则和力求达意原则。但是,关于第二部分,一些人对于清楚地解释每一个条件存在严重的困难。没有人提及作为例子的案例。答案要求考生做如下解释: (1)救济贫困。“贫困”是一个相对的词语,对于信托来讲,没有必要救济“处于极度贫困”的人。所要求的就是所针对的个体是处于窘迫的境地并且不能维持中等的生活水平。 (2)促进教育。必须确定的意图是,学习应该是传授性的,而不仅仅是简单的积累,一定存在着指导的成分。 (3)促进宗教信仰。在这里,宗教和教派不作区别。法院对其具有相当高的容忍性。 (4)其他目的,作为一般性的原则,法院在每个案子中所要询问的是,它是否属于Elizebeth法令的前言部分。

阅读理解

Many years ago, an earthquake happened suddenly. A lot of buildings

collapsed(倒塌)。 It killed over 100,000 people in a few minutes. Shortly

after the earthquake, a father rushed to the school where his son studied

only to find the building had fallen down. He remembered his promise to

his son:“No matter what happens, I’ll always be there for you!”

The tearful father began to dig to look for his son. Some parents

felt hopeless and tried to pull him off. But he asked,“Are you going

to help me now?”And then he kept on digging. The fireman came.

They tried to pull off and said,“Danger! Leave here!” But the

father who loved his son deeply,asked,“Are you going to help me now?”

The policeman came up and said,“It’s over.Leave here!We’ll do it.”

Still he asked again and again,“Are you going to help me now?”

He went on alone because he needed to know,“Is my boy alive or

is he dead?” He dug for 8 hours…12 hours…24hours…36hours…then, in the 38th hours, he pulled back a large stone And heard his son’s voice. He cried,“Tom!”He heard back,“Dad? It’s me, Dad! I told other kids you’d save me. I believe you would keep your promise.”“Get out, boy!”“No dad! Let the other kids out first. Because I know you’ll get me out! No matter what happens, I know you’ll always be there for me!”

Judge the following sentences true(T) or false(F)

1.More than one hundred thousand people lost their lives in this earthquake.

2.Other parents and fireman did their best to help the father.

3.The father knew that his son was alive.

4.The boy believed his father would let him out of danger.

5.The other kids were saved first.

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