商品房买卖中房屋损毁的风险承担问题

本文通过对一房二卖中的风险转移问题进行质疑,从而提出商品房买卖中风险承担的问题,通过分析得出把房屋毁损、灭失的风险负担归于所有权人,而不是房屋占有人,以所有权的转移来确定风险的转移,是符合法律的正当性并有利于房地产市场正常发展的。

Based on the Buying and Selling of Risk in the challenge question, which proposed the sale of commercial housing problem of risks, obtained through analysis of the destruction of the house, the risk of loss attributable to the burden of ownership, not housing possessor to transfer of ownership to determine the risk of transfer, is consistent with the law and contribute to the legitimacy of the normal development of the real estate market.