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商品房限购是国家为实施住房调控政策,稳定商品房价格和供求状况,由行政机关发布的限制或禁止特定主体在一定时间、规定地域内购买商品房的法律措施。其法理是基于现代民法对所有权绝对的限制、公序良俗原则和诚实信用原则等民法基本原理在新形势、新背景下的新发展和新应用,从而达到调整住房及房地产领域极度复杂的购买消费投资等行为,实现民法之公平与正义的规范目标。
Restrictions on the purchase of commercial housing is the implementation of the state regulation and control policies to stabilize the price of real estate and supply and demand situation, issued by the executive authorities to restrict or prohibit a particular subject at a certain time, provide legal measures to purchase real estate within the region. Its jurisprudence is based on the absolute limitation of ownership by modern civil law, the new development and new application of the basic principles of civil law, such as the principle of public order and good faith, and the principle of good faith, under the new situation and new context so as to adjust the extremely complicated purchase and consumption investment in housing and real estate. Behavior, to achieve the fair and justice of civil law norms goal.