问题 问答题


案情:A房地产公司(下称A公司)与B建筑公司(下称B公司)达成一项协议,由B公司为A公司承建一栋商品房。合同约定,标的总额6000万元,8个月交工,任何一方违约,按合同总标的额20%,支付违约金。合同签订后,为筹集工程建设资金,A公司用其建设用地使用权作抵押向甲银行贷款3000万元,乙公司为此笔贷款承担保证责任,但对保证方式未作约定。
B公司未经A公司同意,将部分施工任务交给丙建筑公司施工,该公司由张、李、王三人合伙出资组成。施工中,工人刘某不慎掉落手中的砖头,将路过工地的行人陈某砸成重伤,花去医药费5000元。
A公司在施工开始后即进行商品房预售。丁某购买了1号楼101号房屋,预交了5万元房款,约定该笔款项作为定金。但不久,A公司又与汪某签订了一份合同,将上述房屋卖给了汪某,并在房屋竣工后将该房的产权证办理给了汪某。汪某不知该房已经卖给丁某的事实。
汪某人住后,全家人出现皮肤瘙痒、流泪、头晕目眩等不适。经检测,发现室内甲醛等化学指标严重超标。但购房合同中未对化学指标作明确约定。
因A公司不能偿还甲银行贷款,甲银行欲对A公司开发的商品房行使抵押权。
问题:

丁某在得知房屋卖给汪某后,向法院提起诉讼,要求A公司履行合同交付房屋,其主张应否得到支持为什么

答案

参考答案:

解析:丁的主张不应得到支持。应为A公司已经将房屋卖给了汪某,并在房屋竣工后将该房的产权证办理给了汪某,不动产以登记作为物权变动的依据,汪某已经取得该房屋的所有权。A公司对该房屋不享有所有权,不能再将该房屋交付给丁某。根据《物权法》第17条规定,汪某经登记已取得该房屋的产权证,享有对该房屋的所有权。

阅读理解

Online Communication

In an age when technology moves faster than most can keep up with, a small group of people still remain in the time of old-fashioned letter. Frankly speaking, I was once certain that traditional letters could never be replaced by other means of communication.

But a story about online communication changed my mind.

An old man, who suffered a lot from Parkinson’s disease, was not able to talk clearly and could hardly write his name. Living totally alone, he managed to keep in touch with nearly all the members of his family. How did he achieve this? He clicked out words on his computer keyboard.

I, therefore, managed to get an E-mail box as soon as the opportunity came. My life changed. E-mail, and all online communication, is something truly different. It has capabilities(能力) that few other products can match.

E-mail is convenient. It takes less time with its fast speed and 24-hour connection. The slow postal service is no match. If you wouldn’t want to have a face-to-face talk with your manager, you might talk with him through E-mail even if you are in the same office.

Naming all the good things about online communication is not easy. But wait. E-mail can be inconvenient. It can waste time and energy. Just think what may happen when you take a short vacation and return to find your e-mail box filled with 200 unread messages. You could easily spend half a day clearing junk ads.

Then, online communication will keep us staying at our computer while it connects us to distant strangers. Once we throw ourselves into the machine, we may forget the human touches we once held so dear. I’m sure there is and always will be a place for the old-fashioned letter, phone call, and face-to-face meeting… even in the world of modern communication.

As I listen to the sound of the modem(调制解调器), I was excited at stepping out to the outside world but, at the same time, I sensed a loss of control over something valuable in my personal life.

小题1:What is the most probable meaning of the underlined word “junk” in paragraph6?

A.old and useless

B.New and useful

C.Short but valuable

D.Long but clear小题2:What does the writer think of online communication?

A.It should replace old-fashioned letters completely.

B.It is perfect and always does good to you.

C.It is extremely useful and convenient, but it may be inconvenient or even harmful.

D.It does more harm than good.小题3:What caused the writer to become interested in E-mail and online communication?

A.The sound of the modem.

B.His own illness.

C.The changing of his life.

D.A sick old man’s experience.小题4:According to the writer, traditional means of communication will never disappear because ________.

A.they are convenient and popular though they are slow

B.they help to keep the friendly relationship between people

C.most people cannot keep up with the development of technology

D.modern means of communication does too much harm小题5:How did the sick old man keep in touch with his family members?

A.With the help of his computer.

B.By writing letters with his pen.

C.By making telephone calls.

D.By visiting them regularly.

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