问题 问答题

甲、乙、丙是同胞兄弟姐妹,三人共有从其父母处继承的房屋一处,该房在其父母生前以甲、乙、丙为共有人出租给丁,租期20年。后来父母去世,三人约定,房屋由三人共同继承,等租期届满收回房屋,然后再协商分割办法。租期即将届满时,丁找到甲并背着其他共有人与甲签订了房屋买卖合同,并找熟人办理了房屋过户手续。租期届满,乙、丙得知此事后,向法院起诉。

请问:甲的行为是否侵犯了乙、丙的合法权益丁能否取得房屋的所有权为什么

答案

参考答案:

甲的行为侵犯了乙、丙的合法权益。丁不能取得房屋的所有权。

因为,此案中,甲、乙、丙共有从父母处继承的房屋,由于房屋上有租赁关系,所以未分割。这时三者对该房屋的共有为不分份额的共同共有关系。根据我国有关司法解释的规定,在共同共有关系存续期间,部分共有人擅自处分共有财产的,应认定无效。但为了保护善意第三人,在第三人善意、有偿取得共有财产时,应当维护第三人的合法权益,对其他共有人的损失,由擅自处分共有财产的人赔偿。此案中,甲擅自处分房屋的行为是对其余二人共同所有权的侵害,侵犯了二人的权益。此案中的丁为房屋的承租人,而出租人是甲、乙、丙三人,应对三人共有关系知晓。在买卖过程中,丁是背着其他人与甲签订合同的,可见丁并不是善意的。所以,丁的行为不应受到法律保护,丁与甲签订的合同无效,即使办理了过户手续,丁也不能获得所有权,房屋所有权仍属于甲、乙、丙三人共有。

阅读理解

阅读理解。

     There are only two reasons people cannot achieve their goals: The goals aren't important to them; or

people don't break them into small enough pieces. So all we need to do is to try our best...

     Have you ever watched a quitter in a boxing match-a man who just gives up and walks away? The

whole crowd boos. They throw drink bottles and bits of hot dog into the ring. They don't throw things

because he lost. They throw things because he quit. In our hearts we all believe that we should do our

best.

     Eric Moussambani swam for Equatorial Guinea (赤道几内亚) at the 2000 Olympics. This was the

first time Eric had swum a 100-metre race. He swam with his head out of the water and he barely kicked

his legs. In the first lap he was really struggling (挣扎). In the second he was nearly drowning (沉没).

But Eric was fighting with everything he had.

     At the turn, the large audience began to shout and with every stroke (划水) the noise got louder and

louder. Twenty meters from the finish, Eric was hardly moving but the crowd was crazy. When he finally

hit the wall, the cheering and stamping all but lifted the roof off the stadium. His time of 1 minute 52

seconds was about a minute slower than all the other competitors. Who cared? Eric Moussambani had

done his best.

     When you make an honest effort, people support you. You feel happier when you do your best. Think

about what it feels like walking to school on those days when you have done all of your homework and

done it as well as you can. Don't you feel just a bit more interested about school? Why? Because you are

always happier when you make a 100 percent effort, whether it's for an essay or a basketball game.

     Your teachers will tell you"Work hard!" and your parents will probably tell you "Work hard." But you

don't work hard to please your parents and teachers. The big reason you do it is for you. If you get good

marks, that's a prize. If other people notice, wonderful! But the main reason is how you feel about yourself.

     Even when you do your best, it is not certain that you will succeed. You may do your best, and still

be criticized. You may do your best, and still have people laugh at you. But when you do your best, the

reward is that feeling that says, "I did everything I could."

1. The audience would get unhappy with a quitter because ______.

A. the quitter loses the match

B. the match ends earlier than expected

C. the match is not wonderful

D. the quitter fails to show sportsmanship

2. People shouted when Eric was swimming because ______.

A. he swam too slowly

B. they wanted to cheer him on

C. he was the last one in the competition

D. he had not mastered basic swimming skills

3. Which of the following is true according to the passage?

A. You work hard only to make your parents and teachers happy.

B. The audience was very angry when Eric lost the 100 meter race.

C. If you have done your school work, you will surely get high marks.

D. When you make an effort in a basketball game, you'll feel happier.

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