论商品房预售的若干法律问题

The discussing of several legal problems of commercial housing pre-sale

自商品房预售制度施行以来,对该制度的市场价值优劣就倍受争议。商品房预售制度的运行,可以有效为房地产企业起到市场融资、转移风险的作用。同时也为商品房消费者以分期付款的形式,使商品房交易预先成立,起到预定商品、规避市场价格风险的作用。但此外来引进制度在内地的施行,因对之缺少法律层面的理性分析,出现了很多弊端,本文从商品房预售合同的法律属性、特征为切入点,对商品房预售及其相关的法律问题作一简单的分析。

Since the implementation of the system of commercial housing developments, the market value of the system on the merits of much controversy. Housing pre-salu system of operation, the enterprises can effectively play the market for real estate financing, the role of risk transfer. At the same time for consumers to hire commercial housing in the form of housing transactions in advance to set up a scheduled goods, evasion of the role of the market price risk. In addition to the introduction of the system in the implementation of the Mainland, because of the lack of legal aspects of rational analysis, a lot of drawbacks, the paper from the pro-sale contract is the law of commercial housing properties, characteristics of entry points for the sale of commercial housing and related legal issues A simple analysis.