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一、商品房预售的概念按最高人民法院的司法解释,我国房地产的转让,以房地产产权转移登记为准。对于商品房预售的概念,目前有两种不同的观点:一种观点认为商品房预售,包括未取得产权的已建成商品房和未建成商品房的买卖;另一种观点认为商品房预售,仅指未建成的商品房买卖,不包括未取得产权证的已建成的商品房买卖。从不同的角度理解,两种观点都有道理。制定商品房预售管理的地方性法规,主要目的是防止“楼盘烂尾”和“货不对板”问题,对于已建成未取得产权证书的商品房的销售,当事人可以通过对具体的购买对象进行直接考察判断,不存在立法目的所涉及的问题,因对商品房预售概念的界定,作者倾向于未
First, the concept of pre-sale of commercial housing According to the judicial interpretation of the Supreme People’s Court, China’s real estate transfer to real estate transfer of property registration shall prevail. For the concept of pre-sale of commercial housing, there are two different viewpoints at present: one is that pre-sale of pre-owned housing, including the sale of pre-built and undeveloped commercial housing without property rights; the other view is that pre- Completed sale of commercial housing, does not include the acquisition of real estate has not been completed the sale of commercial housing. Understand from a different perspective, both views make sense. The formulation of local laws and regulations on the pre-sale management of commercial housing mainly aims to prevent the problem of “residential property” and “defective goods”, and for the sale of commercial housing that has been built without a title certificate, the parties may, through specific purchase Subjects to conduct direct inspection to judge, there is no legislative issues involved, because of the concept of pre-sale of commercial housing, the author tended to not