问题 问答题


方某和表弟耿某按份共有一套二室一厅的房子,方某经营一些工程。年初3月,方某在外地,耿某通知其说,工地急需用钱,方某就将自己名下的工商银行活期存折的存放处及存折密码告诉了耿某,让耿某取款先用。耿某由此知道了方某的存折存放处及存折密码等相关信息。到了4月21日,方某离家外出,行前叮嘱耿某:“工地有急事可以先办。”4月25日,耿某因私事急需用钱,即到方某居住的房间里拿上存折,并于当日、5月6日两次到工商银行共提取人民币一万二千元。5月10日,方某回家后发现存折不见了,通过银行查询得知存折内被提取了人民币一万二千元,即怀疑存折被窃,方某也曾多次询问耿某是否拿过存折,耿某否认,方某即向公安机关报案。第二天方某工地上工作的章某在开搅拌机时,有九岁小孩李某偷偷触动按钮,导致章某手受伤。
请根据此案例,回答下列问题。

方某将自己名下的工商银行活期存折的密码告诉耿某,让耿某取款先用,方某和耿某之间形成了什么法律关系

答案

参考答案:

解析:委托合同法律关系。 本题所涉及的是委托合同、共有及侵权的一些常规考点。《合同法》第396条规定:“委托合同是委托人和受托人约定,由受托人处理委托人事务的合同。”而根据《合同法》第365条的规定;“保管合同是保管人保管寄存人交付的保管物,并返还该物的合同。”保管合同的合同目的是保管财物,在本题中,耿某通知方某说“工地急需用钱”,方某就将自己名下的工商银行活期存折的存放处及存折密码告诉了耿某,让耿某取款先用,双方成立委托合同关系。根据《合同法》第404条规定:“受托人处理委托事务取得的财产,应当转交给委托人。”因此,耿某在方某回来之后应将存折交还给方某,合同履行完毕。

填空题
填空题


A patrol team of sea lions and dolphins featured in a large-scale military exercises being conducted by the U. S. and its allies in the Pacific Ocean. The machine (1) took part in simulated mine recovery and mine detection missions during the biennial Rim of the Pacific Exercise (RIMPAC) war games. The (2) started on June 19 and will run (3) Friday.
"There are a number of mechanical systems that work in those areas. (4) high-tech gadgets deployed by the military can’t (5) the natural skills of dolphins and lions," said Tom Lapuzza, spokesman for UN Navy’s Marine Mammal Program. Sea lions have "incredible good underwater (6) " and can dive down to 300 meters to catch a recovery line to a mine, he said. Dolphins use sonar to (7) mine.
Human beings have a long (8) of training animals to join the military. Horses have been the most widely-used animals (9) the recorded history of (10) . In early times, horses were used to (11) chariots or to (12) armored forces. With the development of modem weapons and motorized (13) , the use of horses for military purposes fell into (14) . (15) , horses were still used (16) by the German army during World War II for transporting (17) and equipment, including artillery.
During World War II, (18) with explosives strapped to their backs were used as anti-tank weapons. In other (19) , they were used for detecting mines. Some dogs were also used as messengers.
Other animals have also (20) in the military. Recorded history shows the use of elephants for military purposes as early as 1,100 B. C.. They were employed during World War II by both the Japanese army and the (21) .
There are records showing that over 100,000 reindeer were used by Finland to tow sleds during World War II. They carried the (22) to hospitals, brought supplies to the troops and moved heavy anti-tank weapons. It is well documented that oxen have been (23) used in war as improvised beasts of burden. During World War II, spiders were employed by the Allies to spin silk for (24) in cross-hairs on bomb scopes and other optical instruments. People also are finding that Vampire bats’ ability to use echolocation is very interesting as we (25) to learn how it works and it may benefit the army.