问题 问答题

案例:甲因急用钱将乙委托其保管的一幅名画以自己的名义卖给丙,丙在支付对价的同时拿走了字画。一日乙在丙处见到自己的画欲拿回,遂与丙发生纠纷,诉到法院。
法官拿到案件后,查遍当时所有法律,没有适用该案件的法条。于是丁、戊两法官分别写出自己的判决如下。
判决书:
丁:根据物权的追及性,所有物无论辗转落人何处,所有人都可以追回,乙是该画的所有人,因此有权从丙处拿回自己的画。故判决丙归还乙的画,其损失由甲赔偿。
戊:根据债的相对性,甲、乙之间的保管合同之效力不能及于第三人丙,同样,甲、丙之间的买卖合同关系不及于乙,故乙只能要求甲返还其画,甲与丙的买卖合同由于出卖方无权处分而效力待定,又因真正权利人乙不予承认,因此变为无效的合同,甲、丙双方应返还原物,甲向丙承担缔约过失责任。
法条(该案判决后立法中有了该法条):无权处分人处分他人财产,第三人为善意且有偿的情况下,第三人应取得所有权。

分析法官的判决和法条在内容上的异同、各自的性质及相互关系。

答案

参考答案:法官的判决属于非规范性法律文件,法条代表的是规范性法律文件。二者的相同点是都具有法律效力,不同点是规范性法律文件具有普遍的法律效力。

阅读理解

   Will it matter if you don't have your breakfast? A short time ago, a test was given in the United States. People of different ages, from 12 to 83, were asked to have a test. During the test, these people were given all kinds of breakfasts, and sometimes they got no breakfast at all. Scientists wanted to see how well their bodies worked when they had different kinds of breakfasts.

The rules show that if a person eats a right breakfast, he or she will work better than if he or she has no breakfast. If a student has fruit , eggs, bread and milk before going to school ,he or she will learn more quickly and listen more carefully in class.

The result is opposite to what some people think. Having no breakfast will not help them lose weight. This is because they are so hungry at noon that eat too much for lunch. They will gain weight instead of losing it. You will lose weight if you reduce your other meals.

小题1:During the test, the people were given _________.

A.no breakfast at all

B.different breakfast or sometimes none

C.very rich breakfast

D.little food for breakfast小题2:Scientists wanted to know whether __________

A.breakfast had any effect on work and studies.

B.people were interested in breakfast

C.breakfast did harm to people’s health

D.people would work better without breakfast小题3: According to the passage, some people think without breakfast they will ____

A.lose weight

B.get a good result in their work

C.gain weight

D.not be hungry at all.小题4: Which of the following sciences is not right?

A.It is bad for your health to have no breakfast.

B.No breakfast and more lunch may make you fatter.

C.The more breakfast you have, the more quickly you will learn in class.

D.If you don't eat much for lunch and supper, you may lose weight.

单项选择题