问题 多项选择题

甲开发商的一套别墅分别卖给了乙和丙,因资金紧张甲又将该别墅抵押给了丁。因别墅未交付,甲又将该别墅租给了戊。因买卖、抵押、租赁而发生纠纷。请回答下列问题:

设甲与乙、丙签订合同后,乙进行了预告登记,丙进行预告登记时遭拒绝,丁进行抵押登记时遭拒绝,丙、丁对甲享有何种权利( )

A.丙可解除与甲的合同,并有权要求赔偿损失

B.丁可要求甲再提供新的担保

C.丁可主张甲与乙的合同无效

D.丙可主张撤销甲与乙的合同

答案

参考答案:A,B

解析:本题涉及一房多卖和又卖又抵的情况下,一方进行了预告登记后,其他权利人救济问题。甲与乙签订的房屋买卖合同是有效合同,甲与丙签订的房屋买卖合同也是有效合同。因房屋所有权未办理过户转移,故甲仍为该房屋所有权人,其与丁所签订的抵押合同亦为有效合同。因甲与乙进行了预告登记,在程序上阻却了丙进行预告登记和丁进行抵押登记。因预告登记后,未经乙同意,甲处分该房屋不发生物权效力,故阻却了丙取得该房屋所有权的可能性和丁取得该房屋抵押权的可能性。丙的合同目的不可能实现,故丙可行使合同解除权,并要求甲承担违约责任。丁的合同目的也不可能实现,因此有权要求甲提供新的担保。对于甲与乙的合同,因不存在无效和可撤销的理由,故丙、丁不能主张甲乙之间合同无效或撤销。本题选项为AB。

单项选择题

Every day of our lives we are in danger of instant death from small high-speed missiles from space—the lumps of rocky or metallic debris which continuously bombard the Earth. The chances of anyone actually being hit, however, are very low, although there are recorded instances of "stones from the sky" hurting people, and numerous accounts of damage to buildings and other objects. At night this extraterrestrial material can be seen as "fireballs" or "shooting stars", burning their way through our atmosphere. Most, on reaching our atmosphere, become completely vaporised.

The height above ground at which these objects become sufficiently heated to be visible is estimated to be about 60-100 miles. Meteorites that have fallen on buildings have sometimes ended their long lonely space voyage incongruously under beds, inside flower pots or even, in the case of one that landed on a hotel in North Wales, within a chamber pot. Before the era of space exploration it was confidently predicted that neither men nor space vehicles would survive for long outside the protective blanket of the Earth’s atmosphere. It was, thought that once in space they would be seriously damaged as a result of the incessant downpour of meteorites falling towards our planet at the rate of many millions every day. Even the first satellites showed that the danger from meteorites had been greatly overestimated by the pessimists, but although it has not happened yet, it is certain that one day a spacecraft will be badly damaged by a meteorite.

The greatest single potential danger to life on Earth undoubtedly comes from outside our planet. Collision with another astronomical body of any size or with a "black hole" could completely destroy the Earth almost instantly.

Near misses of bodies larger than or comparable in size to our own planet could be equally disastrous to mankind as they might still result in total or partial disruption. If the velocity of impact were high, collision with even quite small extraterrestrial bodies might cause catastrophic damage to the Earth’s atmosphere, oceans and outer crust and thus produce results inimical to life as we know it. The probability of collision with a large astronomical body from outside our Solar System is extremely low, possibly less than once in the lifetime of an average star. We know, however, that our galaxy contains great interstellar dust clouds and some astronomers have suggested that there might also be immense streams of meteorite matter in space that the Solar system may occasionally encounter. Even if we disregard this possibility, our own Solar system itself contains a great number of small astronomical bodies, such as the minor planets or asteroids and the comets, some with eccentric orbits that occasionally bring them close to the Earth’s path.

According to the passage, which of the following statements is true?()

A.Our galaxy contains great interstellar dust clouds.

B.Near misses of bodies smaller than our own planet could be disastrous.

C.The probability of collision with a large astronomical body is very high.

D.The chances of anyone actually being hit by missiles are very high.

单项选择题 B1型题