预售商品房转让法律问题分析-analysis of legal problems in the transfer of pre-sale commercial housing.docxVIP

转让的状况，提出相应的对策和立法建议。本文将预售商品房转让定性为债权让与或者债权债务的概括移转，在法律规定上，很多方面可以适用合同法的相关规定， 但是预售商品房转让毕竟有其特殊性，因此本文主要通过个性的分析，对于预售商 品房转让的特殊方面的规定作出阐述和分析，主要包括预售商品房转让的条件、程 序以及效力方面，另外，本文还对预售商品房转让相关的制度的完善和建立提出建 议。关键词：预售商品房；预售商品房转让；债权债务转移；远期交货合同；转按揭AbstractIn recent years, with the prosperity and development of the real estate market, the pre-sale has become the main means of real estate sales. However, due to its inherent characteristics, the pre-sale of real estate in the process of re-trading, there are great risks and drawbacks, but also for the development of Chinas real estate market overheated situation in recent years, the state has also taken the appropriate administrative means The real estate market intervention, but for the sale of commercial housing for sale has been a definite attitude, not to mention the clarity of the law.Real estate sale contract is the basis of pre-sale real estate for sale, our law of its nature and there is no clear, this article will be qualitative for special long-term delivery contract. Houses for Sale of movable property pertaining to the transfer of credit and debt, the main changes in the contract. Sure the feasibility of pre-sale of real estate for sale, not only the basis of economics, more jurisprudence on the basis of China on the sale of commercial housing system is almost a blank, repeat the legislation but there is no authoritative formal legislative documents in the legislation. Around the regulations are not consistent, and has even diametrically opposed. The state relied mainly on administrative policy on the sale of real estate transfer, the attitude of the policy is neither clear nor stable. The purpose of this paper comments and suggestions is that the formation of the unified system of the transfer system of Houses for Sale, Houses for Sale from the legislation began to improve, to form a unified top-down legislative system; great importance from a policy to strengthen the protection of the type of housing to regulate the real estate mar