商品房销售中定金转让行为的法律适用

Application of Law About the Behavior Concerning Cession of Earnest Money During the Process of Sale of Merchandise Building

商品房销售过程中关于定金转让行为的本质及其合法性在目前的商品房市场中已成为不可回避的问题,文章就以上观点从其成因、相关概念的比较以及法律适用上存在的问题进行了探讨,从定金的概念和本质入手,分析了在商品房交易中定金转让的本质与目的,通过比较定金与摇号号码之间的区别,阐述了定金转让行为的法律性质及其在法律上适用的注意事项。

The essence of the behavior concerning cession of earnest money and its legitimacy during the process of sale of merchandise building is an inevitable question in today’s merchandise building market. Based on views above,this text focuses on its causes, the comparison of related concepts and problems existing in application of law. Beginning with the concept of earnest money and its assignment, this text analyzed the assignment and purpose of the cession of earnest money in merchandise building business. By comparing differentiation between the earnest money andlot number, this text expounds the nature in law on behavior of transfer of earnest money and the items that should be regarded in application of law.