关于商品房预售的法律思考

Legal Feflection on Forward Selling of Commercial House

商品房预售在合同、条件、备案登记、转让等方面一些法律规定至今仍有疏漏或不足,如作为特殊买卖合同,其法律规定或过于原则,或效力不强;预售条件未考虑拆迁安置问题;备案登记制度尚不能有效保护第一预购人等,应当予以完备、完善。

There exist some slip and inadequacy in some legal provisions of forward selling of commercial house, esp. in terms of contract condition, file-entering and file-registering and possession transferring. For example, as far as the special contract is concerned, its legal provision may be either too principled or less powerful; the condition of forward selling doesn't cover the problems of house pulling down, residence changing and settling; the system of entering and registering record couldn' t effectively protect the first forward purchaser,and it needs to be completed and improved.