自我国改革开放以来,住宅建设进入到了全面提高居民居住质量和形成国民经济支柱产业的关键时期,但是在商品房预售的过程中却存在着很多问题,对预购方的合法权益的保护显得苍白无力,所以商品房预售市场有待于进一步完善。本文中研究了商品房预售合同的概念及其性质,对其认识形成统一的观点并且研究了合同的有效要件和合同纠纷的处理原则,明确提出了要加强交易的监管力度的同时,还应该充分发挥各行业、各部门的职能,使合同责任制趋于完善,采取各种法律救济的有效措施使双方的合法权益得以实现,并促进房地产市场的健康发展。
〔关键词〕商品房 预售 合同纠纷 定金
论商品房预售合同的研究
Since China's reform and opening up, housing construction to improve the overall living quality of residents formed a pillar of the national economy and industry in the critical period However, in real estate developments in the process, there are many problems to a subscriber's legitimate rights and interests of the protection of feeble, Therefore, commercial housing sales market to be further improved. This paper examined the house sale contract and the nature of the concept, form a unified understanding of their views and to study the contract and the elements of effective contract disputes and the principles of management, expressly called for a strengthening supervision over transactions at the same time, we should also give full play to all industries and in all the functions of the department, the contract responsibility system for a more complete and adopt all legal remedies for effective measures for the legitimate rights and interests be realized, and the promotion of the property market's healthy development.
Key words :
real estate sales ,contract, disputes, deposit
on the contract of sale of real estate research
Key words :
real estate sales ,contract, disputes, deposit
on the contract of sale of real estate research
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