论商品房买卖中的预售登记

我国商品房买卖中的预售登记备案制还不是真正意义上的不动产预告登记,预售登记既非商品房买卖合同的成立要件,也不是法定的生效要件。不动产的预告登记具有使债权具有物权性的功用,保障买房人将来取得产权的期待权实现。我国商品房预售登记在实施中存有许多问题,其性质、效力、内容等还亟待立法明确。

On Advance Sales Registration in the Purchasing of Commodity Apartment

The record system for the advance sales registration in the purchasing of commodity apartment in China is not truly in theory the advance sales registration of the real estate because the advance sales registration is neither the essentials for the establishment of the commercial purchase sales contract,nor the legally effective essentials.The advance sales registration of the real estate has the effects of making the creditor's right have the right over things,sharing the function of ensuring the purchaser to get his or her property right in the future by realizing the expective right.There still exist a lot of problems in the practice of the advance sales registration of commodity apartment in China and its nature,scope,contents,etc.,need further clearly and urgently defined in the legislature.