论文部分内容阅读
房产买卖合同依法成立,即具有法律约束力.如何理解“依法”二字,有两种不同的观点.第一种观点认为:法律明确规定:“房屋所有权转移或房屋现状变更时,须到房屋所在地房屋管理机关办理所有权转移或房屋现状变更登记手续.”房屋买卖合同的成立应以产权转移登记为准,在办理产权转移登记手续之前,房产买卖合同不具法律约束力,签约人可以翻悔.第二种观点认为:买卖双方协商一致,在法律许可的范围内签订书面合同,房产买卖关系即告成立.产权转移登记是必须履行的法定手续,而不是合同成立的必要条件.笔者倾向于第二种观点.首先,人们签约的目的就是为了将来兑现承诺,寻求一种保证.在商品经济活动中,人们从协商一致到实际履行.除即时清结的合同外,通常都有一段时间.在
The contract for the sale and purchase of real estate is legally binding and there are two different views on how to understand the word “according to law.” The first view is that: The law clearly stipulates that “when the ownership of a house is changed or the status of a house changes, Where the local housing management authority for ownership transfer or change the status of the house registration. ”The establishment of the contract for the sale of housing should be subject to the transfer of property rights registration, before the registration of property rights transfer, real estate sale and purchase contract is not legally binding, the contractor may regret. Two kinds of viewpoints are that the buyers and sellers agree to sign a written contract within the scope permitted by law and the sale and purchase relationship of the real estate will be established.Registration of the transfer of property rights is the legal formality that must be fulfilled and not the necessary condition for the establishment of the contract.I prefer the second First, the purpose of people's contracts is to secure promises in the future and to seek a guarantee, from the point of view of consensus to actual fulfillment in the course of commodity economy activities, except for contracts that have been settled immediately, usually for a period of time.