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出租人经授权将他人建造的房屋(未取得房产证)出租,该建筑物遇强降雪倒塌,致使承租人的机器设备受损。法官依职权查明降雪时间段的大约积雪厚度,并查明符合质量标准的建筑可以承受该厚度积雪,进而证明该建筑物质量不达标。据此,认定出租人以强降雪系不可抗力的抗辩理由不成立,出租人对承租人应承担违约责任,而建筑物的所有权人对承租人则应承担侵权责任,出租人和所有权人之间构成不真正连带责任。
The lessor has the right to let others rent out the building (without obtaining a real estate license) and the building collapses due to heavy snowfall, resulting in damage to the lessee’s machinery and equipment. The judge, ex officio, ascertains the approximate thickness of the snow during the snowfall period and ascertains that the building in conformity with the quality standard is capable of withstanding the thickness of snow, thus attesting that the building is substandard in quality. Accordingly, the defensible ground that the lessors are deemed as force majeure by heavy snowfall is not established, the lessor should bear the liability for breach of contract for the lessee, and the owner of the building should bear the tort liability for the lessee, and the relationship between the lessor and the owner Really joint and several liability.