问题 单项选择题

甲男与乙女通过网络聊天认识,不久后,两人同居。同居期间,甲出资1万元,乙出资5000元,共同购买一台笔记本电脑。3个月后,乙发现笔记本电脑不见了,甲告知已借给丙使用,不久即可归还。事实上,甲因前女友急需用钱,将该电脑出质给了丙,得借款1万元。因甲到期无力还款,丙以1.2万元的价格将该电脑卖与了丁。乙得知后,与丙、丁发生纠纷。对本案的表述,正确的是( )。

A.本案中,丙能够取得该电脑的质权
B.本案中,丙对甲所有的份额能够取得质权,对乙所有的份额不能取得质权
C.本案中,丁能够取得该电脑的所有权,理由是善意取得
D.本案中,丁不能取得该电脑的所有权

答案

参考答案:A

解析:根据《物权法》第一百零三条的规定,本题中,甲、乙对电脑的共有为按份共有,在按份共有关系中,共有人对其应有份额享有处分权,故甲就其应有份额设定质押有效。甲未经乙同意,将乙之份额也设定质押的,依《担保法解释》第八十四条的规定:“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。”丙依善意取得乙之份额的质权,故丙能够取得该电脑的质权,A选项正确,B选项错误。丙取得电脑的质权后,在甲无力还款时,丙出卖电脑即为行使质权的行为,故丁经买卖合同而取得该电脑的所有权系通过合同取得,而非善意取得,故C、D选项错误。

选择题
阅读理解

E

Windows not only let light in to cut down an electricity use for lighting, but the light coming through the window also provides heat. However, windows are not something people typically associate with being a cutting edge technology. Researchers are now working on new technologies that enable a window to quickly change from clear to dark and anywhere in between with a turn of a switch.

“It took us a long time to figure out what a window really is,” says Claes Granqvist, a professor of solid—state physics at Uppsala University in Sweden.“It’s contact with the outside world. You have to have visual contact with the surrounding world to feel well.” So, windows and natural light are important for improving the way people feel when they’re stuck indoors.

Yet, windows are the weak link in a building when it comes to energy and temperature control. In the winter, cold air leaks in. When it’s hot and sunny, sunlight streams in. All of this sunlight carries lots of heat and energy. And all of this extra heat forces people to turn on their air conditioners. Producing cold air, which can feel so refreshing, actually suck up enormous amounts of electricity in buildings around the world.

Windows have been a major focus of energy research for a long time. Over the years, scientists have come up with a variety of strategies for coating, glazing, and layering windows to make them more energy efficient. Smart windows go a step further. They use some technologies involving changes of color.

Electrochromic windows use electricity to change color. For example, a sheet of glass coated with thin layers(层) of tungsten oxide(氧化钨) works a bit like a battery. Tungsten oxide is clear when an electric charge is applied and dark when the charge is removed, that is, when the amount of voltage(电压) is decreased, the window darkens until it’s completely dark after all electricity is taken away. So applying a voltage determines whether the window looks clear or dark.

One important feature that makes a smart window so smart is that it has a sort of “memory”. All it takes is a small shock of voltage to turn the window from one state to the other. Then, it stays that way. Transitions take from 10 seconds to a few minutes, depending on the size of the window. The development of smart windows could mean that massive air conditioning systems may no longer need.“In the future,” Granqvist says,“our buildings may look different.”

67.Which statement does not indicate the importance of windows as described in the first two paragraphs?

A.Windows can change from clear to dark to save energy.

B.Windows help to save energy by letting light in.

C.Windows help to save energy by providing heat.

D.Windows enable people to have contact with the outside world.

68.According to the passage, smart windows are windows_______.

A.that are coated                        B.that use electricity

C.the color of which can be changed        D.that have many layers

69.To make electrochromic windows change color, what is applied to the window glass?

A.Electricity.     B.Tungsten oxide.    C.A battery.         D.A voltage.

70.What will be the benefit if the research on smart windows turns out to be successful?

A.The buildings will look different.

B.Windows can be as large as you want.

C.We may not need air conditioners any more.

D.They are less expensive than traditional windows.