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城市私有房屋买卖合同是双方当事人对城市私有房屋有偿转让的一种协议。但对这种合同的法律效力,有着不同的认识,概括起来主要有两种不同的观点: 第一,城市私有房屋买卖合同的有效成立,必须以办理房屋所有权转移登记为条件,否则合同不能有效成立。持这种观点的同志认为:城市私有房屋买卖合同是要式合同,法律依据是,国务院公布的《城市私有房屋管理条例》第6条规定:“城市私有房屋的所有人,须到房屋所在地房管机关办理所有权登记手续,经审查核实后,领取房屋所有权证;房屋所有权转移或房屋现状变更时,须到房屋所在地房管机关办理所有权转移或房屋现状变更手续。”因此认为城市私有房屋买卖不经产权转移过户登记手续,买卖合同不发生法律效力。
The agreement on the sale and purchase of private houses in cities is an agreement between the parties to the transfer of private houses in urban areas. However, there are different understandings on the legal validity of such contracts. In summary, there are mainly two different viewpoints. First, the effective establishment of the contract for the sale and purchase of private houses in the cities must be conditional on the registration of the transfer of ownership of houses. Otherwise, the contract can not be valid Set up The comrades holding this view hold that the contract for the sale of private houses in urban areas is a contractual one. The legal basis is that Article 6 of the Regulations for the Administration of Private-owned Urban Houses promulgated by the State Council stipulates: “All urban private-owned houses shall go to the house When the ownership of the house is transferred or the current status of the house is changed, it is necessary to go to the public security organ at the place where the house is located to handle the transfer of ownership or change the status of the house. ”Therefore, it is considered that the sale of private houses in the city is not subject to ownership Transfer transfer registration procedures, the sale of the contract does not have legal effect.