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交付对于双方来说,都享有权利也承担义务;交付争议产生的重要原因,在于混淆了交付条件与交付标准,前者是法定的,决定了房屋能否交付使用,后者是约定的,只涉及违约责任的承担,不影响交付;竣工验收合格是交付条件的核心,但以竣工验收备案表为验收合格的标志是不正确的,等于变相设立行政许可;以书面通知作为交付的要件不合理,建设单位可以通过约定规避该风险;交付时买受人有权查验房屋,但质量争议不应当影响交付的完成;除非房屋本身具有导致合同目的不能实现的重大缺陷外,即使买受人有客观原因,也不是对抗交付的正当理由。
Delivering rights and obligations for both parties; the key reason for the delivery of the dispute lies in the confusion of terms of delivery and delivery standards, the former being statutory and determining whether the house can be delivered for use, the latter being agreed upon and involving only Acceptance of liability for breach of contract, does not affect the delivery; completion acceptance is the core of the delivery conditions, but the completion of the acceptance form for acceptance of the mark is not correct, equal to the disguised form of administrative permission; written notice as an element of delivery is unreasonable, The construction unit can avoid the risk by agreement; the buyer has the right to inspect the house upon delivery, but the quality dispute should not affect the completion of the delivery; unless the house itself has any material defects that could not be achieved by the purpose of the contract, even if the buyer has an objective reason , Nor is it justified in the fight against delivery.