问题 多项选择题

甲借用朋友乙的自行车数月。期间,甲因急需用钱,向同事丙借200元,并就自行车设定质押,但丙不知此自行车非甲所有。后甲逾期未偿还债务,丙即变卖该自行车实现债权。下列哪些表述是正确的( )

A.因丙不知甲无处分权,故适用善意取得,质权设定有效
B.因甲对自行车无处分权,且质权不适用善意取得,故该质权设定无效
C.甲、丙应共同赔偿乙的损失
D.应由甲单独赔偿乙的损失

答案

参考答案:A,D

解析: 本题考查质权的善意取得。《担保法解释》第84条规定:“出质人以其不具有所有权但合法占有的动产出质的,不知出质人无处分权的质权人行使质权后,因此给动产所有人造成损失的,由出质人承担赔偿责任。”本题中,甲向丙借款,并就其所借用乙的自行车设定质押,但丙不知此自行车非甲所有,该情形符合质权的善意取得,所以B项错误,A项正确。丙作为善意第三人取得了自行车的所有权,乙无权向丙要求返还原物或赔偿,只能要求非法转让人赔偿损失,所以C项错误,D项正确。综上,本题正确答案为AD。

选择题
完形填空
Sometimes things happen beyond expectation. A 10-year-old boy decided to study Judo(柔道) __1__ he had lost his left arm in a car accident. He began his __2_ with an old Japanese Judo teacher. He was doing well, but he could not __3__ why the teacher had taught him only one move for quite a long time.
“Sir,” the boy finally said, “I think I should __4__ more moves.”
“But this is the __5__ move you will ever need to know,” the master replied.
Not quite understanding, the boy kept __6__. Several months later, the teacher __7__ the boy to his first tournament(锦标赛). __8__ himself, the boy easily won his first two matches. The third match proved to be more __9__. However, after some time, the opponent(对手) became impatient. The boy used his one move to __10__ the match. Now the boy was in the finals.
This time, his opponent was bigger, stronger and more __11__. Concerned that the boy might get __12__, the referee(裁判) wanted to stop the match.
“No,” the teacher __13__, “let him continue.”
Soon his opponent made a mistake. __14__ the boy used his move to attack him. The boy won the match and became the champion.
On the way home, the boy and the teacher __15__ every move in every match. Then the boy asked __16__was really on his mind. “How did I win the tournament __17__ only one move?”
“You won for two reasons,” the teacher answered. “First, you’ve __18__ one of the most difficult moves in Judo. And second, the only known __19__ for that move is to grasp your left arm. But you’ve lost it.” The boy’s biggest __20__ had become his biggest strength.
小题1:
A.becauseB.andC.althoughD.while
小题2:
A.lessons B.games C.talks D.stories
小题3:
A.discoverB.understandC.examineD.forget
小题4:
A.learnB.noticeC.adviseD.change
小题5:
A.easiestB.only C.bestD.first
小题6:
A.improvingB.followingC.checking D.training
小题7:
A.tookB.leftC.paidD.lost
小题8:
A.DisappointingB.FrighteningC.Surprising D.Worrying
小题9:
A.seriousB.carefulC.powerfulD.difficult
小题10:
A.winB.play C.missD.watch
小题11:
A.developedB.terrifiedC.advancedD.experienced
小题12:
A.boredB.hurtC.changedD.broken
小题13:
A.insistedB.announcedC.reportedD.repeated
小题14:
A.EspeciallyB.ProbablyC.ActuallyD.Immediately
小题15:
A.reviewedB.designedC.suggestedD.continued
小题16:
A.whoB.whatC.whichD.how
小题17:
A.forB.inC.withD.from
小题18:
A.orderedB.masteredC.managedD.supposed
小题19:
A.conditionB.influenceC.defenseD.process
小题20:
A.kindnessB.happinessC.weaknessD.sadness