商品房预售合同转让的法律问题研究

A study of the legal issues concerning future commercial apartment contracts

商品房预售合同在订立生效后,由于各种原因,可能发生当事人预售合同权利和义务的转移,即一方甚至是双方当事人的变更。预售合同当事人的变更主要有预售人变更与预购人变更两种情形。目前,有关预售合同当事人变更方面的国家立法尚不明确,地方立法则有分歧。本文将结合我国的立法实践,对预售人变更和预购人变更作一分析,并对预售商品房转让的相关法律问题作一探讨,相应地提出解决问题的建议。

After a future commercial apartment contract goes into effect, for various reasons there could be changes to the rights and obligation of the parties involved. For instance, one person or both persons concerned might have changed. Changes in the persons concerned assume two possibilities: change in the seller of a future commercial apartment and change in the purchaser of a future commercial apartment. At present, there is no national law concerning the changes in the persons involved in future commercial apartment contracts while local laws vary. This paper is a tentative study of the legal issues about the changes in the persons involved in future commercial apartment contracts and the transfer of future commercial apartments. Solutions to the respective problems are also proposed.