试题与答案

甲与乙签订房屋买卖合同,将一幢房屋卖与乙。双方同时约定,一方违约应支付购房款35%的

题型:多项选择题

题目:

甲与乙签订房屋买卖合同,将一幢房屋卖与乙。双方同时约定,一方违约应支付购房款35%的违约金。但在交房前甲又与丙签订合同,将该房卖与丙,并与丙办理过户登记手续。下列说法中哪些是正确的()

A.乙可以自己与甲签订的合同在先,主张甲与丙签订的合同无效

B.乙有权要求甲收回房屋,实际履行合同

C.乙不能要求甲实际交付该房屋,但可要求甲承担违约责任

D.若乙要求甲支付约定的违约金,甲可以请求法院或仲裁机构予以适当减少

答案:

参考答案:C,D

解析:(1)一物双卖,原则上两个合同都有效,因此,否定A项。(2)丙已经取得了所有权,甲与丙的合同没有无效事由,因此丙的房屋所有权法律应当予以认可。故否定B项,乙要求实际履行属于法律不能(《合同法》第110条)。(3)因甲、乙之间的合同有效,因此乙可以要求甲承担实际履行以外的违约责任。故选择C项。(4)《合同法》第114条第2款规定:"约定的违约金低于造成的损失的,当事人可以请求人民法院或者仲裁机构予以增加;约定的违约金过分高于造成的损失的,当事人可以请求人民法院或者仲裁机构予以适当减少。"据此,选择D项。

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