20 17 Questions and Answers of the Third Volume of Judicial Examination "Civil Law" (2)

1, a house with 20% and 80% shares owned by both parties 1 set. The two rented the house to C, and C subletted the house to Ding after obtaining the consent of both parties .. Now A wants to transfer his shares. Which of the following statements is true?

Party A, Party B and Party C have the preemptive right, but Dante has no preemptive right.

B, the order of preemptive right is b, c and d.

C, B, C and D all have the preemptive right.

D, the order of preemptive right is b, d, c.

Answer: CD

Analysis: The preemptive right mainly includes * * * owner, lessee and sub-lessee, and the order is * * * owner, sub-lessee and lessee. Therefore. The CD is correct.

2. According to the provisions of China's Property Law, among the following relationships, the relationship that does not belong to * * * and * * *

Party A, Party A, Party B and Party C each contributed 25,000 yuan to buy a house.

Party A, Party B and Party C each own a house. Party A and Party B claim to belong to * * *, and Party C claims to belong to * * * and * * *, but there is no evidence.

C. After marriage, both parties agree that their respective incomes shall be owned by them.

D after the divorce, both parties agree that the house belongs to the woman and the man will stay for two years.

Answer: ABCD

Analysis: * * and * * * must be the same relationship, mainly including husband and wife, family, inheritance and partnership property before estate division. At the same time, when the identity of * * * is unknown, it is presumed to be * * * * unless there is the same relationship mentioned above. In this question, A is obviously * * *; Item B is unknown, there is no * * * relationship, and there is a * * * relationship according to the share presumption; Although CD is husband and wife, there is an agreement to exclude * * *.

3. Party A, Party B, Party C and Party D have purchased the first to fourth floors (* * * four floors) of a residential building respectively, and have obtained their own real estate licenses. Which of the following statements is true?

A. Party A, Party B, Party C and Party D have the right to share the advertising revenue of the external wall of the residential building.

B. Resident A on the first floor has no civil rights to the exclusive floors on the third and fourth floors.

C. If Party A sells its house, Party B, Party C and Party D have the preemptive right.

D. With the consent of Party A, Party B and Party C, the residents on the fourth floor can build a garden on the roof.

E. resident b can give up the advertising revenue of the external wall of the residential building.

F. Tenant B can refuse to bear the maintenance cost of the external wall of the house because of giving up the advertising revenue of the external wall.

Answer: ABDE

Analysis: For some parts of * * *, regardless of the size of rights, it is necessary for * * * peers to exercise their rights, so the advertisement is correct; For the exclusive part of the floor between the third and fourth floors, A has no right and B has the right; In particular, it should be noted that there is no preemptive right in the condominium ownership of buildings, which cannot be confused with * * * *. At the same time, you can give up some rights of * * *, but you can't fulfill some obligations of * * *, so E is right and F is wrong.

4. The statements about the condominium ownership and the property service contract are correct:

First, the renovation and reconstruction of buildings and their ancillary facilities require the consent of more than two-thirds of the area and the number of people.

B, building planning garage should be in accordance with the proportion of priority to meet the needs of the owners.

C, as long as it does not violate the laws, regulations and management regulations, residential areas can be changed into commercial areas.

D. In addition to following the management regulations, residential buildings should also obtain the consent of the building owner, which has nothing to do with the building owner.

E, the contract signed by the construction unit, the owners' congress, the owners' committee and the property management company is binding on the subsequent owners.

F. The disclosure and service rules of the property management company are recognized as an integral part of the contract.

G. If the property management company provides services according to the contract or relevant regulations, if the owner does not accept or does not need the services, it should not be supported.

H if the owner is inconsistent with the actual user, it may be agreed that the actual user will pay the property fee. If the actual user fails to pay, the owner will bear joint liability.

1. If the owners' congress decides to dismiss the property company according to law, the property company shall claim compensation from the specific owners if it has defaulted on the property fees.

Answer: ABEFGHI

Analysis: For special events, it is necessary to include more than 2/3 of the area and number of people. For general events, the area and number of people exceed 1/2, and most of them do not include 1/2, so A is correct; Garage first meets the owner's needs, with allocation ratio restrictions, B right; In addition to complying with laws, regulations and management regulations, residential buildings must also be approved by interested owners. The so-called interested owners mainly refer to the owners of this building. If they are not the owners of the building and claim to have an interest relationship, they need to prove the existence of the interest relationship themselves, so the CD is wrong. The contents of EFGHI's five options are newly added in the judicial interpretation of property service contracts this year, which is very worthy of attention!

5. Among the following civil disputes, which are handled according to the neighboring relationship?

A dug a vegetable cellar in his yard, which caused the foundation of B's house to sink and the wall to crack, causing disputes.

B, A village built aqueducts on the land of B, C and Ding Cun in order to get water to irrigate the land, which caused disputes.

C, a newly-built house dripped on B's house, causing a dispute.

D. A village built a barrage in the upper reaches of the river, which led to a sharp drop in water consumption in B village and caused disputes.

E, a developer bought the right to use a piece of land and wanted to build an open-air restaurant. It is agreed with Party B in the adjacent land that Party B shall not build an open-air restaurant again, so Party A shall compensate Party B with 30,000 yuan per year.

F, A family is adjacent to B family, and A family's cat intrudes into B family and breaks B family's vase, causing a dispute.

G. Party A and Party B are adjacent. Because the building in front of Party A is too high, Party B can't accept the sunshine for four months in winter.

Answer: ACDG

Analysis: Option A is a typical excavation of dangerous adjacent disputes, correct; Option B Building a canal on other people's land is no longer a basic need, but should be within the scope of easement. At the same time, it should be noted that if the title states that roads are to be built on other people's land, it is not an adjacent relationship, and the reason is the same as building canals. The two options of CD are a typical dispute between water use and drainage. Pay special attention to the fact that option D is an adjacent relationship dispute that is not based on direct adjacency, so both options are correct. Option e is produced by agreement, which is obviously not a legal adjacency and an error; Option f obviously belongs to animal infringement, wrong; The G option belongs to the ventilation and lighting relationship in the adjacent relationship, which is correct.

6. It is inconvenient for Li to enter and leave his contracted land, so he reached a written agreement with Zhang to open a road for Li to pass on the land contracted by Zhang. Li paid Zhang 20,000 yuan, but did not register. Which of the following options is incorrect?

A, the agreement belongs to the adjacent relationship agreement.

B this agreement belongs to an easement contract.

C. If Li transfers the contracted management right to others, the transferee has the right to transfer the land contracted by Zhang, unless otherwise agreed in the contract.

D. If Zhang transfers the contracted management right to others, the bona fide transferee has the right to refuse Li access to his own land.

A: A.

Analysis: In this question, Li and Zhang agreed to build a road on Zhang's land and paid for it, which obviously belongs to the scope of easement. Neighborhood relationship is legal and does not need to be agreed, so A is wrong and B is right. We must carefully grasp the two correct options of CD, which fully shows how easements are opposed without registration. The rule is that the easement is not registered and the change of the obligee has no effect. Where the debtor changes the original creditor, it may not confront a bona fide third party.

7. Regarding the establishment of easements, the relationship between land owners and land users is correct:

A. If the land owner enjoys the easement or undertakes the easement, when the contracted land management right and the right to use the homestead are established, the holder of the contracted land management right and the right to use the homestead will continue to enjoy or undertake the established easement.

B. If the land contractual management right, construction land use right and homestead use right have been established on the land, the land owner may not establish an easement without the consent of the usufructuary right holder.

C, the land owner in the land easement is not registered, not against a bona fide third party.

D, the landowner set up easements on the land, whether registered or not, can fight against bona fide third parties.

Answer: ABD

Analysis: According to the provisions of Articles 162 and 163 of the Property Law, the relationship between land owners and land use rights holders is a bit special, which is completely different from the establishment of easements between individuals in the previous question and has nothing to do with registration. As long as the owner establishes the easement, the person who has obtained the land use right will directly enjoy the rights or assume the obligations. At the same time, after the establishment of land use rights,

8, in the process of mortgage, the right to use the land and the property on the land is incorrect:

A for the right to use the construction land, when the right to use the construction land is mortgaged, it refers to the existing buildings.

B, rural housing and homestead use rights can be mortgaged together.

C, the crops on the ground can be mortgaged together with the land contractual management right.

D, collective land use rights shall not be mortgaged.

Answer: BCD

Analysis: If buildings are mortgaged with the right to use construction land, they should be mortgaged together, and if buildings are mortgaged, the right to use construction land should also be mortgaged together. However, it should be noted that when the building does not exist, if the new building is mortgaged with the right to use the construction land, the building and the land should be disposed of together when the mortgage is realized. But the newly added buildings have no priority, so A is right; Collective land use right (mainly refers to homestead use right and land contractual management right) is generally not mortgaged, and the mortgage is generally invalid, but there are two exceptions, that is, the land contractual management right of wasteland and the land of township enterprises can be mortgaged together with the factory building, so BCD is wrong.

9. The statement about mortgage registration is correct:

A, with the right to use the construction land and the land contractual management right that can be mortgaged, mortgage cannot be established without registration.

B. If a house under construction and an airplane or ship under construction are mortgaged, the mortgage shall be established at the time of registration.

C the establishment of floating mortgage shall be registered.

D. If the general chattel mortgage is not registered, registration can be handled, and registration shall not be against a bona fide third party.

Answer: ACD

Analysis: the mortgage of construction land use right and the contracted management right of wasteland cannot be established without registration, one pair; Ships and aircraft belong to movable property, but they cannot fight against a third party without registration, so B is wrong; According to Article 189 of Property Law, floating mortgage shall be registered. General chattel mortgage, registration confrontation, without registration, can be re-registered before the third person appears, and after registration, it can confront the third person's right to D.

10, the right of the mortgagee is correctly expressed as:

A. If the value of the mortgaged property is reduced due to the mortgagor's behavior, the mortgagee has the right to demand to stop the behavior, restore the original state or provide corresponding guarantee.

The mortgagee has the right to collect the fruits of the mortgaged property.

C. the mortgagee's exercise of the mortgage right is not limited by the statute of limitations.

D the mortgagee with the highest ranking can realize the mortgage right by reaching an agreement with the mortgagor, and no one can interfere.

Answer: AB

Analysis: Option A refers to the right of preservation claim. If the mortgagor fails to restore the original value and provide the corresponding guarantee after the request, he can ask the debtor to pay off in advance (note: only the right of preservation includes paying off in advance), which is correct; After exercising the mortgage, the mortgagee has the right to collect fruits, so B is correct; According to the provisions of Article 202 of the Property Law, the mortgage is limited by the statute of limitations of the principal debt, so C is wrong; First of all, the mortgagee can realize the mortgage by reaching an agreement with the debtor, but the agreement can be revoked once it harms the interests of other creditors, so D is wrong.