问题 问答题

在某场拍卖会上,因一幅名画竞投激烈,致拍卖师忙中疏忽,未按《拍卖规则》中的规定三声报价后敲槌,而是四声报价后才敲,之后又有人举牌出更高价。对此,现场公证人员裁决四声报价敲槌无效,这样拍卖行便重新开拍,故造成买受人更替,拍卖结果改变。于是,四声报价后敲槌后产生的买受人提起诉讼,状告拍卖行。
问:你认为本案应如何处理为什么

答案

参考答案:四声报价敲槌有效,拍卖行同第一买受人的拍卖成交合同成立。理由如下:
(1)从出价变化可知本场为增价拍卖,那么竞买人报价为要约,拍卖师敲槌为承诺,尽管是四声报价敲槌,仍表明拍卖成交合同成立,双方均不得擅自变更或解除。
(2)拍卖师四声报价敲槌违反了《拍卖规则》,本身存在过错,但四声报价比三声报价实际上增加了其他竞买人的竞买机会,并不影响拍卖成交的效力。
(3)拍卖行在第一次敲槌后拍卖成交合同已经成立、拍卖标的所有权已经转移的情况下,又再次进行拍卖的行为无效,应承担民事责任。
(4)公证人员履行职务,依法只能对拍卖的真实性、合法性进行公证,无权确认拍卖行为的效力,宣布四声报价无效于法无据,属越权行为。

阅读理解

阅读理解。

     It's hard to make friends if you stay at home alone all the time. Be outgoing, get out of the house and do things with

other people. It's easier to make friends when you follow these:

     Show people what you are good at. Talk about the things you like and you do best. People will be interested in you

if there is something interesting.

     Look people in the eye(正视) when talking with them. That way,  they'll find it easier to talk to you,   or people may

think you're not interested in them and stop being interested in you.

     Be a good listener. Let people talk about themselves before talking about yourself. Ask lots of questions. Show an

interest in their answers.

     Make friends with the people you really like, not just with those who are easy to meet. Be friendly to people.   That

way, you'll have a bigger group of people to choose and more chances(机会)for making friends.

1. If you _______, you will have more friends.

A. get out and talk to people      

B. stay at home   

C. like talking                

D. are good at asking questions

2. If you look right and left when people talk to you, they may think you are_______.

A. looking for something        

B. worrying about something

C. happy to see them          

D. not interested in them

3. Linda is talkative(健谈的). But she doesn't like listening to other people. Linda should_______.

A. show off(炫耀) to other people    

B. be a better listener

C. look people in the eye            

D. make friends with other kinds of people

4. You should be _______ if you want to have more chances for making friends.

A. cool    

B. more careful    

C. more friendly    

D. hard-working

5. The main idea of this passage is _______.

A. that it is hard to make friends    

B. about how to make friends 

C. about not talking about yourself  

D. about being friendly to others

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