楼花按揭的若干法律问题探讨

Probe into Some Legal Problems of Unfinished Buildings' Mortgage

我国的按揭制度起步较晚,与之相配套的法律、法规尚不健全,致使在房屋买卖中出现了一系列引起争议的问题。文章结合民法、物权法及合同法等理论对楼花按揭中预售认购书的法律效力、预售合同登记的意义、“炒楼花”的可行性及按揭权的生效问题等进行了探讨。

Because of a late start of the mortgage system in China, the complete set of laws and regulations is still not perfect, resulting in the problems causing a series of disputes in the buildings' transaction. Connecting with civil law, real right law, contract law and other theories, this paper probes into the legal effect of prepaid coupon system, the significance of registration of prepaid contract, the feasibility of “ unfinished buildings' scalping” and the validation of mortgage right in the mortgage of unfinished buildings.