问题 问答题

陈某饲养马的过程中,陈某与郭某之间构成什么民事法律关系

答案

参考答案:二者之间构成无因管理关系。

解析:[考点] 无因管理、不当得利、善意取得
无因管理是指无法定或约定义务,而为他人管理事务或提供服务钓行为。
无因管理的管理人本无法定或约定的义务,其管理他人事务完全是为了他人的利益,无因管理的成立有几个要件需要明确:管理他人的事务;有为他人利益的意思;无法律上的原因,即管理人对于事务的管理不负有法定或约定的义务。本题中,陈某拣到马并牵回饲养,并等待马的主人认领,满足了无因管理成立的构成要件,应当认定为不当得利。

完形填空

阅读下面的短文,并根据短文后的要求答题。(请注意问题后的词数要求)

[1]Some expressions describe people who are important,or who at least think they are.One such expression is bigwig.

[2]In the seventeenth century,important men in Europe began to wear false hair,called wigs.As years passed,wigs began to get bigger.The size of a man’s wig depended on how important he was. The more important he was—or thought he was一                 .Today,the expression bigwig is used to make fun of a person who feels important.People never tell someone he is a bigwig.They only use the expression behind his back.

[3]Big wheel is another way to describe an important person.A big wheel may be the head of a company,a political leader,a famous movie star.They are big wheels because they are powerful.What they do affects many people.Big wheels give the orders.Other people carry them out.As in many machines,a big wheel makes the little wheels turn.Big wheel became a popular expression after World WarⅡ.It probably comes from an expression used for many years by people who fix parts of cars and trucks.They said a person roiled a big wheel if he was important and had influence.

[4]The top of something is the highest part.So it is not surprising that top is part of another expression that describes an important person.The expression is top banana.A top banana is the leading person in a comedy show.The funniest comedian is called the top banana.The next is second banana.And so on.Why a banana?A comedy act in earlier days often included a part where one of the comedians would hit the others over the head with a soft object. The object was shaped like the yellow fruit:the banana.Top banana still is used mainly in show business.Yet the expression can also be used to describe the top person in any area.

小题1:What’s the best title of the text ?(no more than 7 words)

                                                                         

小题2:Fill in the blank in Paragraph 2 with proper words. (no more than 6 words)

                                                                         

小题3:How and when is “bigwig” used in a proper way nowadays?(no more than 20 words)

                                                                        

                                                                        

小题4:Complete the following sentence with proper words from Paragraph 3 . (no more than 3 words)

As a big wheel makes the little wheels turn in many machines, powerful people give orders for others to            .

小题5:Translate the underlined sentence in Paragraph 4 into Chinese.

                                                                        

单项选择题