问题 多项选择题

阅读下面的材料,回答以下问题:

甲、乙都是某公司职员,两人同住一宿舍。2001年春,公司派甲到珠海办事处工作一年。临行前,甲将已使用了一年的一台25英寸彩电委托给乙保管并允其使用。一个月后,甲给乙写信说自己买了一台进口彩电,委托其保管的彩电可以适当价格出售。同单位的司机丙知道此事后,对乙表示想以低价购买,并嘱乙给甲写信说该电视机显像管有毛病,图像不清,以便使甲降价出售。乙考虑到丙经常给自己免费送东西,便按丙的意思给甲写信。甲回信说显像管有毛病可以低价出售。于是,丙以500元的价格买下该电视机。后丙又很快以2000元的市价将电视机卖给丁。事隔一月,丁因其妹丁娟出嫁向戊借乙1500元,丁、戊约定以该电视机质押,并立有质押字据。后丁并未将电视机交付给戊,反将电视机作为嫁妆送给丁娟。为送丁娟的嫁妆,丁请车夫己运送,并约定了运费。己因饮酒过多,驾车狂奔,与迎面超速行使的汽车相撞(该汽车系司机王某个人所有)。己和丁娟均受伤,电视机被毁。

本案中,哪些民事行为具有法律效力?()

A.甲与乙之间的委托行为

B.乙代理进行的甲与丙之间的买卖合同行为

C.丙与丁之间的买卖合同行为

D.丁与丁娟之间的赠与合同行为

答案

参考答案:A, C, D

解析:

本题考查民事行为法律效力。《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。《民法通则》第66条规定,没有代理权、超越代理权或者代理权终止后的行为,只有经过被代理人的追认,被代理人才承担民事责任。未经追认的行为,由行为人承担民事责任。本人知道他人以本人名义实施民事行为而不作否认表示的,视为同意。本题中,由于授予代理权的行为是一种单方法律行为,所以甲与乙之间的委托行为有法律效力。而乙的代理行为系以欺诈的手段,使对方在违背真实意思的情况下所为,是无效的民事行为,但丙与丁之间的买卖合同行为由于丁系善意第三人,所以该行为有效。丁与丁娟之间的赠与合同行为如上题所述也应有效。

选择题
阅读理解

阅读理解

      Can dogs and cats live in perfect harmony in the same home?People who are thinking about adopting a dog as a friend for their cats are worried that they will fight.A recent research has found a new recipe of

success.According to the study,if the cat is adopted before the dog,and if they are introduced when still

young (less than 6 months for cats,a year for dogs),it is highly probable that the two pets will get along

swimmingly.Twothirds of the homes interviewed reported a positive relationship between their cat and dog.

      However,it wasn't all sweetness and light.There was a reported coldness between the cat and dog in

25% of the homes,while aggression and fighting were observed in 10% of the homes.One reason for this is probably that some of their body signals are just opposite.For example,when a cat turns its head away it

signals aggression,while a dog doing the same signals submission.

     In homes with cats and dogs living peacefully,researchers observed a surprising behaviour.They are

learning how to talk each other's language.It is a surprise that cats can learn how to talk'Dog',and dogs can learn how to talk'Cat'.

     What's interesting is that both cats and dogs have appeared to develop their intelligence.They can learn to read each other's body signals,suggesting that the two may have more in common than was previously

suspected.Once familiar with each other's presence and body language,cats and dogs can play together,

greet each other nose to nose,and enjoy sleeping together on the sofa.They can easily share the same

water bowl and in some cases groom (梳理)each other.

     The significance of this research on cats and dogs may go beyond pets-to people who don't get along,

including neighbors,colleagues at work,and even world superpowers.If cats and dogs can learn to get

along,surely people have a good chance.

1.The underlined word "swimmingly" in Paragraph 1 is closest in meaning to ________.

A.early  

B.sweetly

C.quickly  

D.smoothly

2.Some cats and dogs may fight when ________.

A.they are cold to each other

B.they look away from each other

C.they misunderstand each other's signals

D.they are introduced at an early age

3.What is found surprising about cats and dogs?

A.They eat and sleep together.

B.They observe each other's behaviours.

C.They learn to speak each other's language.

D.They know something from each other's voices.

4.It is suggested in Paragraph 4 that cats and dogs ________.

A.have common interests

B.are less different than was thought

C.have a common body language

D.are less intelligent than was expected

5.What can we human beings learn from cats and dogs?

A.We should learn to live in harmony.

B.We should know more about animals.

C.We should live in peace with animals.

D.We should learn more body languages.