问题 问答题


家住某市甲区的潘某(甲方)与家住乙区的舒某(乙方)签订房屋租赁合同,舒某将位于丙区的一处500m2的二层楼租给潘某经营饭馆。合同中除约定了有关租赁事项外,还约定:“甲方租赁过程中如决定购买该房,按每平方米2000元的价格购买,具体事项另行协商。”潘某的饭馆开张后生意兴隆,遂决定将租赁的房屋买下长期经营。但因房价上涨,舒某不同意出卖。潘某将房价款100万元办理提存公证,舒某仍不同意出卖。后舒某以每平方米2500元的价格与查林公司签订了房屋买卖合同,合同中约定了仲裁条款。潘某为阻止舒某与查林公司成交,向丙区人民法院提出诉讼,要求认定租赁合同中的买卖条款有效并判决舒某履行协助办理房屋过户手续的义务。法院受理后,舒某提出管辖权异议,法院审查后发出驳回通知书。一审法院经审理认为,原告、被告之间构成了预约合同关系,但尚不构成买卖关系,故判决驳回原告的诉讼请求。潘某不服提出上诉。
问题:

如果在潘某与舒某一审诉讼之前或一审诉讼期间,杏林公司就其与舒某之间的买卖合同申请仲裁,请求确认合同有效并请求履行,潘某可否参加仲裁程序,主张自己具有优先购买权为什么

答案

参考答案:

解析: 不能。仲裁程序中没有第三人,潘某进入仲裁程序没有仲裁协议作为根据。仲裁程序中是否像民事诉讼程序一样有第三人是一个有争议的问题。仲裁是以当事人之间的仲裁协议为基础,仲裁庭对案件的管辖、审理仅限于当事人同意的范围,仲裁庭有权决定当事人的请求是否成立,但无权追加所谓第三人或接受第三人参加仲裁程序。否则,有违仲裁的本旨。事实上,如果当事人的请求与案件第三人有法律上的利害冲突,那么其请求可能不能或至少不能全部得到仲裁庭的支持;第三人如符合仲裁当事人的条件,可以另行提出仲裁申请;第三人如不符合仲裁当事人的条件,可视情况向法院提起诉讼,或者寻求其他的解决途径。关于仲裁程序的第三人,我国仲裁法没有相关规定。潘某申请参加仲裁程序,于法无据。

阅读理解

Jacqueline Bouvier Kennedy Onassis was one of the most private women in the world, yet when she went to work as an editor in the last two decades of her life, she revealed (展现) herself as she did nowhere else.

After the death of her second husband, Greek shipping magnate(巨头) Aristotie Onassis Jacqueline’s close friend and former White House secretary Letitia Baldrige made a suggestion that she consider a career in publishing. After consideration, Jacqueline accepted it. Perhaps she hoped to find there some ideas about how to live her own life .She became not less but more interested in reading. For the last 20 years of her life, Jacqueline worked as a publisher’s editor, first at Viking, then at Doubleday, pursuing(追求)a late-life career longer than her two marriages combined. During her time in publishing, she was responsible for managing and editing more than 100 successfully marketed books. Among the first books were In the Russian Style and Inventive Paris Clothes. She also succeeded in persuading TV hosts Bill Moyers and Joseph Campbell to transform their popular television conversations into a book ,The Power of Myth. The book went on to become an international best-seller. She dealt, too, with Michael Jackson as he prepared his autobiography(自传),Moonwalk.

Jaequeliner may have been hired for her name and for her social relations, but she soon proved her worth. Her choices, suggestions and widespread social relations were of benefit both to the publishing firms and to Jacqueline herself. In the books she selected for publication, she built on a lifetime of spending time by herself as a reader and left a record of the growth of her mind. Her books are the autobiography she never wrote. Her role as First lady, in the end, was overshadowed by her performance as an editor. However, few knew that she had achieved so much.

小题1:We can learn from the passage that Jacqueline ______.

A.became fond of reading after working as an editor

B.was in charge of publishing 100 books

C.promoted her books through social relations

D.gained a lot from her career as an editor小题2:The underlined sentence in the last paragraph probably means that ______.

A.Jacqueline ended up as an editor rather than as First Lady

B.Jacqueline’s life as First Lady was more colorful than as an editor

C.Jacqueline was more successful as an editor than as First Lady

D.Jacqueline’s role as First Lady was more brilliant than as an editor小题3:What can be inferred from the passage?

A.Jacqueline’s two marriages lasted more than 20 years

B.Jacqueline’s own publishing firm was set up eventually

C.Jacqueline’s views and beliefs were reflected in the books she edited

D.Jacqueline’s achievements were widely known小题4:The passage is mainly ______.

A.an introduction of Jacqueline’s life both as First Lady and as an editor.

B.a brief description of Jacqueline’s lifelong experiences.

C.a brief account of Jacqueline’s career as an editor in her last 20 years.

D.an analysis of Jacqueline’s social relations in publishing

选择题