商品房认购书的效力问题研究

On effectiveness on commercial housing purchase offers

当前,购房者与开发商因商品房认购书问题所引发的法律纠纷层出不穷,而理论界和审判实践中对此类纠纷问题的认识往往不大一致。商品房认购书的性质应属于预约合同,其法律效力和委托合同、合伙合同一样具有一定的人身属性,不宜强制履行;对于不履行认购书义务者应当按照法律关于定金的规定处理,也可以追究违约方的缔约过失责任。

At present there are endless legal disputes between housing purchasers and its developers, which are aroused because of commercial housing purchase offers. However, the theoretical circle and trial practice on this type of aware ness of the problem of the dispute are not quite the same. The nature of housing offers should belong to booking contract, its legal effect has certain physical attributes as commissioned contracts and partner ones, which should be carried out in a mandatory, way; those who don＇t perform the duty in the purchase offers should be dealt with according to lawful regulations of deposit, and also take non-compliance responsibility of the default party.