浅析商品房认购书的法律问题

An Brief Analysis on Legal Problems of Commercial House Subscribing-Warrant

由于商品房认购书在法律上的性质、效力都未作出明确的规定,因此在实践中产生许多问题。认购书是独立于商品房买卖合同的一种合同,认购书和商品房买卖合同是预约和本约的关系,认购书与商品房买卖合同的内容具有连续性,双方当事人都有以最大诚信和认购书中约定的条件来签订正式商品房买卖合同的义务。

There are some problems in practice, because the nature and effects of the commercial house subscribing- warrant are not clear in law. The subscribing -warrant is one kind of contract that are independent from commodity house purchase and sales contract . Their relationship is the reservation and the original contract, their content is continuity. Both parties of contracts have the obligations to sign a formal contract for house purchase and sales with the greatest integrity .