2009 Civil Service Exam-line test: Civil Law Civil Service exam and the exam thinking by fdjerue7eeu


									2009 Civil Service Exam-line test: Civil Law Civil Service exam and the exam

 Civil Service Examinations Civil exam
 Zhenti test centers:
 2007 issue of 105: Cho and Hwang in 2003 married October 2005 divorce, property
distribution, but in the case of a dispute, the following does not belong to jointly
owned property is ().
 A.2004 Hwang published in August acquired a novel royalties 10,000 yuan
 B.2005 Zhao in March in a car accident injury compensation for medical expenses
received 20,000 yuan
 C.2003 parents a gift on June Zhao Zhao surname of Huang, a house valued at
250,000 yuan
 D.2004 on December 12 months, Cho and Hwang purchased a set of common
high-grade furniture, value of 40,000 yuan
 Answer: B
 knowledge evaluation point: matrimonial property:
 ⑴ "Marriage Law" Article 17 stipulates that any party during the marriage from
property, in principle, are husband and wife common property, specifically, including:
 ① salaries, bonuses;
 ② production and business income;
 ③ benefits of intellectual property rights; that the duration of the marriage, the
actual gains or has been made clear to the property of earnings.
 ④ succession, recipients of property income. At this point Note:
 a. a will or a gift contract to determine only one side of the property owned by
husband or the wife, husband or wife should be personal property, that is, full respect
for the will or the legacy of human will;
 b. marriage, the parents for the purchase of housing financed both sides of the
investment is their children's personal gift, a gift unless the parents made it clear that
the two sides; marriage, purchase of housing investment for both parents, and the
investment is the couple's gift, unless the parents specifically said the gift side.
 ⑤ one party to invest the proceeds of personal property, also owned by husband and
wife jointly;
 ⑥ both men and women should be practical to obtain or obtaining a housing
subsidy, housing provident fund, pension insurance, bankruptcy resettlement
compensation fees;
 ⑦ leased by one party before marriage, mixed with the common property after the
purchase of housing, although housing ownership certificate of registration of a party
name, should still be regarded as jointly owned property.
 ⑵ statutory personal property
 ① side of the premarital property;
 ② bodily harm to the party who obtained the medical expenses, living subsidies for
disabled persons;
 ③ will or gift contract clearly belonging to one party only;
  ④ one specific household items;
  ⑤ military death benefits, disability benefits, medical and living expenses.
  knowledge by the very competitive price point more than the link we can see that
there is a statutory marital relationship there is not one in real life there are
relationship between daily life and our common sense candidate in the review process
often such errors occur, that is life to see some of the legal relations in accordance
with the understanding of life to cure, but in fact many of the provisions of the law is
the concrete operation of life different, so ask our candidates preparing for
examinations in their lives do not only believe in knowledge, we should focus on
rigorous knowledge itself, ie, in the review of legal knowledge as to when the law
expressly provides for the backing should not blindly look at the operational level of
  civil service examination in our knowledge of common sense part of the assessment
on the test center like this was comparatively large, that is its own professional
assessment of direct Bu Nandu, does not have research value, but in our lives is
possible experience, that life in the operation and we are the clear provisions of
articles on some deviations, such knowledge has all too often been introduced to our
examination, we actually assessing professional competence of candidates Shipi with
the basic legal literacy, as our Chief system work, often encountered this kind of
practice, we have to learn to summarize such a test center for learning and memory, to
prepare us to better complete the common sense of the assessment.
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