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2017年9月l2目,乙公司從甲公司處租賃了一套辦公家具,租期一年。年12月282017日,乙公司以自己的名義將該套家具出售給不知情的丙公司,雙方簽訂了辦公家具買賣合同,丙支付了l0000元預付款,但家具尚未交付。甲于2018年1月6日對買賣合同進行了追認。

問題:

(1)買賣合同的當事人是誰?為什么?

(2)買賣合同于何時生效?為什么?

(3)若甲未追認買賣合同,乙應當對丙承擔什么責任?為什么?

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正確答案:

(1)甲是買賣合同的賣方,丙是買方。(1分)對于無處分權人簽訂的合同.權利人追認后,該權利人和相對人形成合同關系.無權處分人轉化為代理人。本題中,甲追認了乙和丙簽訂的買賣合同,則甲是買賣合同的賣方,丙是買方,乙成為甲的代理人,(2分)

(2)買賣合同自2017年12月28日起生效。(1分)對無處分權人所簽訂的合問,權利人追認的,合同自始有效,本題買賣合同的簽訂時間是2017年12月28日,則買賣合同自2017年12月28日起生效。(2分)

(3)乙自行承擔責任。退還丙10000元預付款,并賠償損失。(2分)無處分權人簽訂的合同,未經權利人追認的,對權利人不發生效力,由行為人自己承擔責任。本題中,如乙與丙簽訂的合同未經甲追認,則對甲不發生效力,乙應自行承擔責任,退還丙10000元預付款.并賠償損失。(2分)

答案解析:

暫無解析

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