近些年,以参加拍卖的方式获得字画,已成为不少收藏者的重要途径.随之而来的是拍卖者和买家的纠纷大量增加,这种现象与《拍卖法》第61条第2款的规定有直接关系。该条的规定为:“拍卖人、委托人在拍卖前声明不能保证拍卖标的的真伪或者品质的,不承担瑕疵担保责任。”此规定可以产生这样几个疑问,其一:如果他们“声明”的时候说了假话怎么办?其二:有什么机制制约委托人、拍卖人不故意隐瞒真相、兜售假货?其三:相信他们不说假话,可靠吗?之所以发出这样的疑问,是因该条款引起争议的案 In recent years, it has become an important way for many collectors to obtain the calligraphy and paintings by participating in the auction, resulting in a large increase in the disputes between auctioneers and buyers. This phenomenon is similar to that of Article 61 2 provisions of the direct relationship. The provisions of the article: “The auctioneer, the client stated before the auction can not guarantee the authenticity or quality of the auction subject, does not assume the responsibility of flaw warranty. ” This provision can produce such a few questions: First, if they Second: What mechanisms restrict the principal, the auctioneer does not knowingly conceal the truth, selling fake? Third: I believe they do not tell lies, reliable? The reason why The issue of such a question is a controversial one because of the clause