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有关商品房的司法解释处处有利于开发商而不利于购房者。特别是它选择了交房或无理拒接时转移风险。经研究可看出,它错解了现行法律;有违险利相随;剥夺了购房者的解除权和选择权;有利于售房者交房后抵押或毁约。考虑到公平、重建和灾民生存,立法应以登记过户为主,兼顾交房或拒绝过户;交房后正在过户或共谋不过户的,应共担风险。对其他明显不利于购房者的规定,应当用立法予以纠正。
The judicial interpretation of commercial housing is always beneficial to developers and not conducive to property buyers. In particular, it chose to transfer risk when it was submitted or unreasonably rejected. After the study shows that it misunderstood the existing laws; contrary to the danger of concurrency; deprived of the right to resign and the right to choose home buyers; is conducive to the sale of homes after the mortgage or breach of contract. Taking into account the fairness, reconstruction and survivals of victims, the legislation should be based on registration and transfer, taking into account the delivery or refusal to transfer; after the transfer is submitted or conspiracy to turn households should share the risk. Other provisions that are clearly detrimental to home buyers should be corrected by legislation.