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《拍卖法》规定,委托人可以在拍卖前撤回拍卖委托。但是麻烦出在拍卖行与竞买人之间,拍卖行与竞买人并非在拍卖前一瞬间才签订合约,而是在公告后至拍卖前这七天内签订合约。竞买人交纳保证金后,双方的竞拍合约即开始生效。此后若拍卖行停止拍卖规定的拍品,竞买人有权诉拍卖人违约并要求赔偿损失。因此,在竞买人交纳保证金日至拍卖日期间,拍卖程序就隐藏着一个时间交叠的问题,一旦委托人撤回委托,在这段时间里各方产生的费用由谁支付?
“Auction Law” provides that the client can withdraw the auction commission before the auction. But the trouble is between the auction house and the bidder. The auction house and the bidder do not sign the contract just moments before the auction. Instead, they sign the contract within seven days after the announcement to the auction. After the bidder pays the deposit, the bidding contract between the parties begins to take effect. Afterwards, if the auctioneer stops auctioning the prescribed auction, the bidder has the right to sue the auctioneer for breach of contract and to claim for damages. Therefore, during the bidder pays the margin day to the auction date, the auction procedure hides a time-overlap problem. Once the principal withdraws the commission, who will pay for the expenses during this period?