问题 单项选择题

下列情形应当认定为夫或妻个人财产的情形是______。

A.夫妻在婚姻关系存续期间所获得的稿酬
B.夫妻在婚姻关系存续期间所获得的经营收益
C.婚后由一方父母出资为子女购买的不动产,产权登记在出资人子女名下的
D.在婚姻关系存续期间夫妻一方以个人财产通过炒股所得的股息

答案

参考答案:C

解析: 《婚姻法》第17条第1款规定,夫妻在婚姻关系存续期间所得的下列财产,归夫妻共同所有:(1)工资、奖金;(2)生产、经营的收益;(3)知识产权的收益;(4)继承或赠与所得的财产,但《婚姻法》第18条第3项规定的除外;(5)其他应当归共同所有的财产。据此规定第2、4项,A、B项表述为夫妻共同财产,故不选A、B项。《婚娴法解释(三)》第7条第1款规定,婚后由一方父母出资为子女购买的不动产,产权登记在出资人子女名下的,可按照《婚姻法》第18条第3项的规定,视为只对自己子女一方的赠与,该不动产应认定为夫妻一方的个人财产。据此,选C项。《婚姻法解释(二)》第11条规定,婚姻关系存续期间,下列财产属于《婚姻法》第17条规定的“其他应当归共同所有的财产”:(1)一方以个人财产投资取得的收益;(2)男女双方实际取得或者应当取得的住房补贴、住房公积金;(3)男女双方实际取得或者应当取得的养老保险金、破产安置补偿费。

阅读理解

Once upon a time there was a monster(怪兽). He was very ugly and had no friends. No one wanted to talk to him. Even other monsters thought he was ugly.

He lived alone and was very unhappy because he was so lonely.

“I wish I had a friend.” He said to himself every day, “One friend would be enough. Someone to talk to.”

He wrote a letter to a magazine. The magazine gave people advice.

“Dear Editor,” he wrote, “I am a ugly monster. How can I find a friend?”

“Dear monster,” the Editor replied, “Advertise for a friend in this magazine.” The monster wrote an advertisement.

“Monster wants a friend, male or female. I have two heads, four arms, six legs and three tails. I have one blue eye, one green eye and one brown eye. Smoke comes out of my nose. But I am really a kind monster and will be a good friend to someone. If you would like to meet me, please stand outside Blake’s Store at 6 p.m. on Friday, May 7th. Write to Mr. A, Box 45, everybody’s Magazine.”

A few days later he went to the magazine.

“Do you have any letters for Box 45?” he asked.

The clerk looked in Box 45.

“Yes, there is one.” She said, and gave it to him.

The monster opened the letter, and read, “Dear Monster, I think a person’s character is more important than his appearance. I will wait outside Blake’s Store on Friday. Please carry a flower so that I will recognize you. Yours sincerely, Miss Alice Thwaite.”

小题1:Why was the monster unhappy?

A.He had no friends.

B.He was ugly.

C.He had two heads.

D.He had three tails.小题2:What did the monster advertise for?

A.A magazine.

B.A friend.

C.An editor.

D.A male or female monster.小题3:How did the monster describe him in the advertisement?

A.Ugly

B.Lonely

C.Kind

D.Good-looking小题4:What was strange about Miss Thwaite’s letter?

A.She was not interested in people’s appearance.

B.She wanted to meet the monster.

C.She needed a flower to recognize him.

D.It was the only reply.

单项选择题