1. The Property Law stipulates: "Property rights acquired by inheritance or bequest shall take effect when they are inherited or bequeathed."
2. The Property Law stipulates that the acquisition and exercise of property rights shall abide by the law and respect social morality, and shall not harm (public interests) or the legitimate rights and interests of others.
3. The Property Law stipulates that the owner has the right to establish usufructuary right and security right on his own real estate or movable property. The usufructuary right holder and the security right holder shall exercise their rights according to law and shall not harm the rights and interests of the owner.
4. The Property Law stipulates that houses and other immovable property (demolition compensation) of units and individuals shall be given according to law to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person.
5. The Property Law stipulates that collectively owned land, forests, mountains, grasslands, wasteland, beaches, etc. They are collectively owned by township farmers, and township collective economic organizations exercise (ownership) on behalf of the collective.
6. The Property Law stipulates that if there are provisions in laws and regulations on dealing with neighboring relations, those provisions shall prevail; Where there are no provisions in laws and regulations, it can be implemented in accordance with local (customary) practices.
7. According to the Property Law, a person can transfer his share in real estate or chattel through shares. Other * * * people enjoy (preemptive right) under the same conditions.
8. According to the Property Law, if the finder encroaches on the lost property, he (has no right) to ask for the payment of expenses such as keeping the lost property, and also (has no right) to ask the obligee to perform his obligations as promised.
9. The Property Law stipulates that if the mortgagee and the mortgagor fail to reach an agreement on the realization of the mortgage, the mortgagee may request (the people's court) to auction or sell the mortgaged property.
10. The Property Law stipulates that the pledgee has the obligation to properly keep the pledged property; If the pledged property is damaged or lost due to improper custody, it shall be liable for compensation.
1 1. The Property Law stipulates that after the pledged property is discounted, auctioned or sold, the part of the price exceeding the amount of the creditor's rights belongs to the pledger, and the insufficient part is paid off by the debtor.
12. The Property Law stipulates that after the pledge of property rights in intellectual property rights, the pledgor (shall not) transfer or permit others to use them, unless the pledgor and the pledgee agree through consultation.
True or false (if you think this statement is correct, please tick "√" after the question, otherwise tick "×")
1. Property rights that exist independently of other rights are mainly property rights, such as ownership, easement, mortgage, pawning, etc. ×
2. Pawnshops should also bear the risk of all or part of losses caused by force majeure during their existence. √
3. Possession in good faith belongs to legal possession. ×
4. Obtaining real right through bona fide acquisition system belongs to the original way of obtaining real right. √
According to the relevant laws and regulations of our country, it takes at least three months to declare a natural person dead. √
6. During the escrow period, if the subject matter of the debt is damaged or lost, the depositor and the debtor shall be liable according to law. ×
7. According to the different nature of the violated legal relationship, the General Principles of the Civil Law divides civil liability into breach of contract liability and tort liability. √
8. Urban land belongs to the state. Land in rural and suburban areas owned by the state according to the law belongs to the state. √
9. Collectively owned property is protected by law, and no unit or individual may occupy, plunder, privately divide or destroy it. √
10. During the duration of the pledge, if the pledgee uses or disposes of the pledged property without the consent of the pledger, thus causing damage to the pledgee, it may not be liable for compensation. ×
1 1. Where the pledge is made by draft, check, promissory note, bond, deposit slip, warehouse receipt or bill of lading, the parties concerned shall conclude a written contract. √
12. If the same chattel has been mortgaged or pledged, the lien holder shall have the priority to be compensated. √
13. When the debtor fails to perform the due debt, the creditor may retain the chattel that the debtor has legally possessed, and has the right to be paid in priority for the chattel. √
14. After the pledge of property rights in intellectual property rights, the pledger shall not transfer or license others to use them, except with the consent of the pledger and the pledgee through consultation. √
15. If the real estate or chattel is occupied by the possessor, the creditor may request the return of the original and its fruits, but it shall pay the necessary expenses incurred by the bona fide possessor for the maintenance of the real estate or chattel. √
16. The decision of the owners' meeting or the owners' committee is not binding on the owners. ×
17. Raising and using maintenance funds for buildings and their ancillary facilities shall be subject to the consent of the owners whose exclusive parts account for more than one third of the total building area and more than one third of the total number of people. ×
18. Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. √
19. The neighboring owners of real estate should correctly handle the neighboring relationship according to the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. √
20. The real right referred to in the Property Law of People's Republic of China (PRC) refers to the right holder's direct domination and exclusive right to specific things according to law, including ownership, usufructuary right and security right. √
Third, multiple choice questions
1. Party A bought Party B's used car, but both parties failed to handle the transfer formalities. After paying for the car, Party A will drive the car to C, the distribution department of automobile air-conditioning parts, and purchase and install the automobile air-conditioning parts. After the installation payment, Party A drives away. On the way, the power cord caught fire because of the short circuit of the air conditioning pump coil, and the car was completely burned. It is recognized by the relevant departments that C, as an automobile air conditioner provider, is indirectly responsible for the fire. The following statement is true (b)
A. The sales contract between Party A and Party B did not come into effect because both parties failed to handle the vehicle transfer formalities.
B. Party A obtains the ownership of the automobile, because the transfer of ownership of movable property takes effect upon delivery.
C. Party A cannot claim compensation from Party C because it is not the owner of the car.
D. Party A can't claim damages from Party C, because the transfer of the car is not registered, so it can't fight against a third party.
Zhao was alone, because he went out to work, he gave an ancestral antique to his neighbor for money. Qianmou lied that the antique was his own because of the wedding money, and sold it to the antique collector Sun Mou at the price of 10000 yuan. Due to the need of capital turnover, Sun borrowed 20,000 yuan from Li. Both sides agreed to detain this antique to Li. If Sun doesn't redeem it when it expires, the antique will be owned by Li. The following statement is true (b)
A. The antique sales contract between Qian and Sun is invalid.
B.sun acquired the ownership of this antique.
C. Li's possession of antiques is illegal.
D. directly ask Li to return the antiques.
3. Wang Jia wrote to his niece, Wang Yi, saying that she would give 5,000 yuan, and Wang Yi wrote back to accept it, but for some reason, the money has never been actually paid. Wang Yi and Li Bing received a $5,000 gift from Wang in the sixth month after their marriage. This money is in compliance with the law: (1)
A. Personal property before marriage belonging to Wang Yi
B Wang Yi and Li Bing have the same property.
C. obtained before marriage, but belonging to two people.
D. it was acquired after marriage and belongs to two people.
4. According to the provisions of the Property Law, the following property that cannot be used as the subject of mortgage is (B)
A. Houses under construction
B. the teaching building of the university
C. Production equipment and raw materials of the enterprise
Other properties not prohibited by laws and administrative regulations.
A and B are neighbors, and the distance between the two houses is 5.8 meters. A rummaged through the house and prepared to build two 9.22-story buildings on the original homestead, and then negotiated with B. B said that according to the rural custom, the front house can't be higher than the back house, and his house is 4.8 meters, so B can't build it over. A believes that no one has the right to interfere in building a house on his own homestead and build it as high as he wants. So, while B went out to do business, he forced Chaojian to build the house. According to scientific calculation, due to the super-construction of A, the whole window of B's house can't be illuminated by sunlight for nearly two months in winter. The following statement is correct (C)
A. Building a house belongs to the legal exercise of the right to use its homestead, and Party B has no right to interfere.
B. A and B form an easement legal relationship.
C.b has the right to ask A to stop the infringement and remove the obstruction.
D.A. Any violation of the rural rules and regulations is invalid.
6. A and B are neighbors. A built a shed against B's wall, and then A ran away from home for three years. The second man saw that the shed was broken and close to his own wall, so he repaired it and put something in it. A didn't say anything when he came back Later, when A wanted to build a house, he asked B to move things out. The following statement is correct (C)
A. A can't ask B to move out of the shed because the statute of limitations has expired.
B.A can ask B to move out the things in the shed, because the statute of limitations has not expired.
C A can ask B to move out of the shed at any time, regardless of the statute of limitations.
D. B's use of the shed constitutes possession, because A knows it but has no clear objection.
7. A hid an old coat in the garbage dump at home, which contained 5,000 yuan. It was picked up by the scavenger B and found the money. After hearing the news, A went to B's house to ask for money, but failed. Then the following statement is correct (D)
A.A. has abandoned clothes and money.
B.b got clothes and money according to the principle of preemption.
C. Money is a hidden object, and Party B obtains it because of its discovery.
D.b should return the money to A, leaving only clothes.
8. Party A will mortgage a car to Party B at the price of 35,000 yuan, and Party A will continue to use it. If Party A accidentally crashes while driving, causing serious damage, Party A shall (d)
A still uses the damaged car as collateral.
The mortgage relationship is terminated.
The mortgage relationship is terminated.
D the mortgage relationship still exists, and Party A replaces the original car with property worth 35,000 yuan as the mortgage.
9. The main feature of absolute rights is (b)
A enjoys absolute rights without any interference.
B the obligor is an unspecified person, and the realization of his rights usually does not require the active cooperation of the obligor.
C. Compared with relative rights, it is more important for the subject of rights.
D. right to direct possession, use, profit and disposal of goods
10. The object of pledge of rights can be (a).
A. Creditor's rights, bills of exchange, certificates of deposit and stocks
B. Checks, certificates of deposit, reputation rights and patent rights
C. Trademark rights, warehouse receipts, bonds and honor rights
D. bills of exchange, bills of lading, promissory notes and inheritance rights
1 1.a Processing a suit in a clothing store. When picking up clothes, if you don't have enough money to pay the processing fee, ask the clothing store to leave a gold ring and agree to take it back after paying the processing fee, then the clothing store will enjoy (b) the ring.
A. Disposition B. Pledge C. Mortgage D. Lien
12. A middle school borrowed money from a bank to maintain educational facilities, and the bank asked the school to provide guarantee. The school set up a mortgage on its own property. Which of the following properties can be mortgaged? (3)
A. School office building B. School playground
C. the car of this school D. the property in dispute with the parent school.
13.*** Some people dispute the nature of the * * * relationship, and it is impossible to find out whether it is * * * or * * * and * * *. Sometimes, it should be assumed as (b).
A.*** has B.*** has the same as * * *.
C.d. public ownership
14. Wang found Li's lost wallet. When Li asked Wang for it, Wang refused to return it. The creditor's rights relationship formed between them is (b)
A. Contract debt B. Unjust enrichment debt
C. Debt of negotiorum gestio D. Debt of unilateral civil juristic act
Fourth, short answer questions
1. What are the constitutive elements of unjust enrichment?
A: There are four elements of unjust enrichment:
1) one party gains benefits.
2) The other party suffers losses.
3) There is a causal relationship between gains and losses.
4) There is no legal basis
2. What are the elements of negotiorum gestio?
A: There are three elements of negotiorum gestio:
1) manages affairs for others.
2) It refers to seeking benefits for others.
3) There is no legal or agreed obligation.
3. What property rights systems have been established in China's Property Law?
Answer: 1) ownership 2) usufructuary right 3) security right 4) possession.
4. What is the adjustment scope of China's property law?
A: First of all, China's property law regulates the ownership relationship.
Second, China's property law regulates the utilization relationship of objects.
5. What are the contents of the statutory principle of real right?
A: 1) The property right type is legal; 2) Property rights are legal.
6. What is delivery? What are the conditions for delivery to take effect?
Answer: Delivery mentioned in China's property law refers to the transfer of direct possession, or more accurately, it refers to the transfer of direct possession of things by one party's civil rights subject to the requirements of legal acts to the other party.
Delivery must meet the following conditions before it can take effect: first, there must be a transfer of possession; Second, possession must be delivered.
7. What are the legal characteristics of usufructuary right?
Answer: 1) usufructuary rights have utility.
2) The usufructuary right is independent.
3) The usufructuary right has possession.
4) usufructuary right is a kind of usufructuary right.
8. What is the difference between * * * and * * * and * * *?
A: There are two different kinds of * * * you, namely * * you and * * you. The differences are as follows:
1) has different reasons.
2) different enjoyment of rights
3) Punishment should be different.
4) Different segmentation restrictions
5)*** The difference between property management.
6) The duration is different
7) Different rights against third parties.
8) Different themes
Verb (abbreviation of verb) On the Problems of Literature
1. What is land acquisition? What are the characteristics of land expropriation?
A: Article 42 of China's Property Law stipulates 1; In order to meet the needs of public interests, collectively owned land, houses of units and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law.
Land expropriation has the following remarkable characteristics:
1) The actor is the country. The subject of land expropriation is specific and can only be the state. The reason why it is a country is that the expropriation right is exercised on the basis of "sovereignty first", and only the country can exercise it; Second, because the interest of "for the public * * *" is the only reason for land expropriation, and the state is the only suitable representative of public interest.
2) The behavior itself is mandatory. Land expropriation is a legal act implemented by the state according to the provisions of the law, which is obviously mandatory. It is shown that land expropriation is a unilateral expression of the will of the state without the consent of the original landowner. As the original landowner, he must obey the state's land acquisition decision, support and cooperate with the state's land acquisition behavior, and must not refuse or obstruct, let alone make trouble without reason, otherwise he will bear legal responsibility.
3) compensation. Land expropriation is still a paid legal act. It is manifested in that the state must compensate the original landowner according to the provisions of the law.
4) The reason for the behavior is to meet the needs of public interests. The legal basis of land expropriation is that public interests are higher than personal interests, and personal interests must obey the needs of public interests. Therefore, "for the needs of public interests" has become the only reason for the state to requisition rural collective land.
2. What are the legal characteristics of * * * and * *?
A: Article 95 of China's Property Law stipulates: "* * * and * * * have the same ownership of real estate or chattel * * *." Thus, * * * and * * * mean that two or more people enjoy rights and assume obligations for the same thing without any share based on the same relationship.
* * * and * * * have the following legal characteristics:
1)*** and * * lines have no * * * share. During the relationship between * * * and * * *, some * * * and * * * people can't determine the property share of * * * and * * *, and only after * * * terminates the property division with * * * * can they determine the share of each * * *. Therefore, in the relationship between * * * and * *, the share of each * * * is only a potential share, and some * * * people arbitrarily divide their shares and dispose of * * * property during the existence of * * *, which should generally be considered invalid.
2)*** and * * are based on a certain * * * relationship. This kind of consanguinity is usually directly stipulated by law, mainly marriage and consanguinity, such as husband-wife relationship and family relationship. * * * The same relationship may also arise from a contractual agreement between the parties, such as a partnership contract. Without the premise that * * * has the same relationship, * * * has no foundation. If we lose the relationship between * * * and * *, * * and * * * will inevitably disintegrate. If the husband and wife divorce, they must divide the property with * * *.
3)*** Some people enjoy equal rights and obligations with * * *. All * * * people have equal rights to possess, use, benefit and dispose of * * * things, and assume equal obligations. In a partnership, according to the provisions of the law or the agreement of the parties, partners can enjoy the right to vote according to a certain share, but during the existence of this partnership, they cannot ask for the division of property.
3. Explore the characteristics of * * * infringement.
A: * * Tort refers to the tort in which two or more actors are jointly and severally liable for the damage to the legitimate rights and interests of others due to the fault of * * * *. Where an instigator or helper commits an infringement, the instigator and the implementer constitute the same infringer. Article 130 of the General Principles of Civil Law stipulates: "If two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable". Accordingly, * * * tort has the following characteristics:
1) Multiple topics. * * * The main feature that distinguishes the same tort from individual tort is the diversity of its subject composition. Majority means that there are two or more perpetrators of the same tort. The perpetrator of a separate tort is a person.
2) Same-sex fault. * * * Homosexuality means that the perpetrators of special tort have the same fault subjectively, that is, the perpetrators have the same intention or fault for the occurrence of damage consequences.
3) Identity of results. Identity refers to the inseparable damage result caused by the infringement of several perpetrators. In other words, the infringement of several actors has only one damage consequence, and there is a causal relationship between each infringement and the damage consequence.
4) Joint and several liability. Joint and several means that * * * and the infringer are jointly and severally liable to the victim. The victim has the right to ask any one or several injurers to bear full liability for damages, and any injurer has the obligation to bear full liability for compensation to the victim. After any one or several injurers pay off all the responsibilities to the victim, they are exempted from the civil liability of other injurers to the victim. Criminals who bear more responsibility than their share have the right to recover from other criminals. * * * In the same tort, the distribution of responsibilities between actors is usually determined by their respective fault degree and the causal relationship between behavior and damage consequences.