商品房预售合同格式条款的法律规制-民商法学专业论文.docxVIP

AbstractThis Abstract This essay mainly focus on the formed articles in commodity pre-sell contracts．Whether the pre—sell contract is the formed article contract is regarded as the precondition when discussing pre—sell contract’S falling into the scope of formed articles．In our following essay,pre—sell contracts are defined as the formed article contracts with the deeper analysis regarding the reason of formatted pre—sell contracts and its formed articles’particular legal characteristics．In spite of the contribution that made to enhancing the transaction efficiency and maintaining the faimess or security of transaction，formed articles have other deficiencies in terms of tolerating the pre—sell party to violate or infringe the interests of pre—purchase party,inter alia，in the process of pursuing the maximum of economic benefits by ways of using the advantages of formed articles．Such flaws can not be ignored，whilst，they have formed the basis to legally bind the formed articles．In addition，the following essay has pointed out in its second part the specific expressions towards the unfair formed articles in the commodity pre-sell contracts and moreover,has analyzed its causes and impacts in details．Consequently,in the third part of the essay,I raised my concems and suggestions concerning some legal bindings on formed articles in commodity pre—sell contracts from the aspects of legislative and judicial levels． This essay adopts the methods of academic and practical analysis， general general and specific case study analysis，on the basis of sufficient information，with the purpose to penetrating into how to prevent the formed articles in commodity pre-sell contracts from becoming the overbearing articles in our legal system． Key words：commodity pre·sell contracts；formed articles；overbearing articles；legal regulmion 引言安居才能乐业，安居才能和谐，安居是我们所有人的愿望。近年来，随着房 引言 安居才能乐业，安居才能和谐，安居是我们所有人的愿望。近年来，随着房 地产业的高速发展，购买商品房已经成为广大人民群众安居乐业的重要选择。商 品房交易具有价值高，法律关系复杂，专业性强等特点，而预售商品房作为一种 期权交易模式，合同签订后的众多