论商品房预售合同的性质

On the Nature of Sale Contract of Future Housing

商品房预售合同是以建造中的房屋为标的物,属于买卖合同的一种。商品房预售合同是一种非即时买卖合同,是本合同而非预约合同,商品房预售合同不同于期货买卖合同,不是附期限的合同,也不是分期付款合同,更不是加工承揽合同。

The sale of future housing is one of deal contract and takes the housing under establishment as target. The sale contract is not immediate; It is the main contract, not booking contract; It is quite different from the deal contract of the future. It is not the contract with time limit, or not contract for work.