题目详情

甲将吉他借给乙,乙在借用期间将吉他以合理价格卖给不知情的丙且已交付。现吉他的所有权归属于(  )

  • A.甲
  • B.乙
  • C.丙
  • D.甲和乙

正确答案及解析

正确答案
C
解析

本题考查了《物权法》善意取得的知识点。

善意取得,又称即时取得,是指无权处分人将动产或不动产处分给他人,善意受让人依法取得该动产或不动产的所有权或其他物权。《物权法》第106条规定,无处分权人将不动产或者动产转让给受让人的,所有权人有权追回;除法律另有规定外,符合下列情形的,受让人取得该不动产或者动产的所有权:(1)受让人受让该不动产或者动产时是善意的;(2)以合理的价格转让;(3)转让的不动产或者动产依照法律规定应当登记的已经登记,不需要登记的已经交付给受让人。受让人依照前款规定取得不动产或者动产的所有权的,原所有权人有权向无处分权人请求赔偿损失。当事人善意取得其他物权的,参照前两款规定。故本题属于《物权法》第106条规定的第(2)的情形,吉他的所有权属于丙。

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