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下列不是行使同时履行抗辨权的条件是( )。

A.合同双方当事人基于同一双务合同而互负债务,或者双方互负的债务没有先后履行顺序且均已届清偿期
B.对方未履行债务或履行债务不符合约定
C.对方的对待给付是可能的,如果对方的对待给付已不可能,则不存在通过同时履行抗辨权来达到双方同时履行的目的,而只能援引合同解除制度来解决
D.双方当事人因同一双务合同互负债务,且债务有先后履行顺序


【参考答案】

D
解析:前三项都是行使同时履行抗辨权条件,而D是适用不安抗辨权的适用条件.
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