问题 问答题 案例分析题

甲多年在外国留学打工,后在国内买了套商品房,因其长期住在国外,该房交由甲父管理。后因城市房屋增值,甲父擅自将房屋出售给乙,并已交付房屋,约定一个月后办过户手续,逾期支付违约金。甲在得知卖房之事后,表示坚决反对,甲根据物权法规定提起诉讼要求乙归还房产,法院判决乙退出房屋。乙因此损失了部分房屋装修、搬家等费用,还因未及时购得房产而遇到房产涨价导致损失,乙遂根据合同法状告甲父。

请根据合同法原理回答下列问题:

(1)如何评价甲父与乙之间的房屋买卖合同的效力?

(2)甲父是否要对不能依约办理登记过户承担违约责任?

(3)乙对甲父享有哪些权利?甲父应对哪些损失负赔偿责任?

答案

参考答案:

(1)甲父与乙之间的房屋买卖合同属于效力待定合同,即甲父没有处分权处分了甲的房产,

因事后未获甲的追认或取得处分权,故该合同未生效。(5分)

(2)甲父最终不能交房,不是因为甲父过失不履行,而是因为合同未生效不得履行;甲

父不应承担违约责任,而应承担缔约过失责任。(5分)

(3)乙可对甲父提起损害赔偿之诉。甲父应对乙房屋装修、搬家等信赖利益损失予以

赔偿,而房产涨价导致的损失不属赔偿范围。(5分)

阅读理解

阅读理解

                                                    Decision-making under Stress

     A new review based on a research shows that acute stress affects the way the brain considers the

advantages and disadvantages, causing it to focus on pleasure and ignore the possible negative (负面的)

consequences of a decision.

     The research suggests that stress may change the way people make choices in predictable ways.

     "Stress affects how people learn," says Professor Mara Mather. "People learn better about positive

than negative outcomes under stress."

     For example, two recent studies looked at how people learned to connect images(影像) with either

rewards or punishments. In one experiment, some of the participants were first stressed by having to give

a speech and do difficult math problems in front of an audience; in the other, some were stressed by

having to keep their hands in ice water. In both cases, the stressed participants remembered the

rewarded material more accurately and the punished material less accurately than those who hadn't gone

through the stress.

     This phenomenon is likely not surprising to anyone who has tried to resist eating cookies or smoking

a cigarette while under stress -at those moments, only the pleasure associated with such activities comes

to mind. But the findings further suggest that stress may bring about a double effect. Not only are

rewarding experiences remembered better, but negative consequences are also easily recalled.

     The research also found that stress appears to affect decision-making differently in men and women.

While both men and women tend to focus on rewards and less on consequences under stress, their

responses to risk turn out to be different.

     Men who had been stressed by the cold-water task tended to take more risks in the experiment

while women responded in the opposite way. In stressful situations in which risk-taking can pay off big,

men may tend to do better, when caution weighs more, however, women will win.

     This tendency to slow down and become more cautious when decisions are risky might also help

explain why women are less likely to become addicted than men: they may more often avoid making the

risky choices that eventually harden into addiction.

1. We can learn from the passage that people under pressure tend to ______.

A. keep rewards better in their memory

B. recall consequences more effortlessly

C. make risky decisions more frequently

D. learn a subject more effectively

2. According to the research, stress affects people most probably in their ______.

A. ways of making choices

B. preference for pleasure

C. tolerance of punishments

D. responses to suggestions

3.The research has proved that in a stressful situation, ______.

A. women find it easier to fall into certain habits

B. men have a greater tendency to slow down

C. women focus more on outcomes

D. men are more likely to take risks

单项选择题