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2003年最高人民法院关于商品房买卖合同纠纷的司法解释规定了出卖人延迟办理房产证的违约责任。但由于立法者并不了解实务中延迟办证的原因,亦未注意到现行法中商品房转移登记的主体并非出卖人,且将延迟办理房产证的责任混淆于主合同义务不能履行的责任,导致对出卖人很不公平。本文分析了迟延办证的原因,对法院和仲裁机构在审理此类纠纷中公平确定责任提出了建议,对开发企业规避迟延办证法律风险提供了对策。
In 2003, the Supreme People’s Court judicial interpretation of the dispute over contracts for the sale of commercial houses stipulated the seller’s liability for the delay in handling the real estate license. However, since the legislators did not understand the reasons for delaying the issuance of certificates in practice and did not notice that the subject of registration of real estate transfer was not the seller, and the responsibility of delaying the issuance of the real estate license was confused with the liability that the master contract could not perform, People are not fair. This article analyzes the reasons for the delay in applying for a permit, puts forward suggestions on how to determine the responsibility of the court and the arbitration institution fairly in hearing such disputes, and provides a countermeasure for developing enterprises to avoid the legal risk of delay in obtaining the certificate.