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当前,房地产市场蓬勃发展,随之而来的是因房屋买卖而产生的纠纷不断增多。在原房产登记存在错误的情况下,就存在对原房屋登记的合法性审查问题,也涉及房屋买卖合同是否成立生效问题。买受人依据原房产登记,纵使是错误的登记,法律也应当保护其享有的信赖利益。买受人取得房屋所有权的依据是物权契约,而非房屋买卖合同,因此,房屋买卖合同不能决定房屋变更登记的合法性与否。审理房屋买卖合同不但不能解决实质问题,反而会增加当事人的诉累,扰乱正常的房产交易秩序。
At present, the real estate market is booming, with the consequent rise in disputes arising from the sale and purchase of houses. In the case of the existing real estate registration errors, there is the issue of the legality of the registration of the original housing, but also the question of whether the sale and purchase contract is valid. The buyer registers according to the original real estate, even if it is the wrong registration, the law should also protect the trust benefits enjoyed by him. The buyer obtains the house ownership on the basis of the real right contract, rather than the house sale and purchase contract, therefore, the house sale and contract can not decide the legality of the house change registration. Trial of the sale of housing contracts not only can not solve the real problem, but will increase the litigation of the parties to disrupt the normal real estate transaction order.