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期房预售是房地产交易的重要形式之一。为规范预售交易、保护买受人利益,国家先后制定了预售合同登记备案制度和预告登记制度。学界中存在将二者混淆的错误认识。本文通过分析概念和相关法规,对二者进行区分、比较,认为前者是针对商品房预售交易的行政管理手段,后者则是通过登记保全买受人的请求权的行政确认行为。二者有差异,也有联系,应加以整合、完善,从而更有力地保护买受人利益。
期房 pre-sale is one of the important forms of real estate transactions. In order to standardize pre-sale transactions and protect the interests of buyers, the state has formulated a pre-sale contract registration system and a pre-registration system. There is a misunderstanding in the academic world that confuses the two. By analyzing the concepts and relevant laws and regulations, this article makes a distinction and comparison between the two. It considers that the former is the administrative means for pre-sale of commercial housing and the latter is the administrative confirmation of the buyer’s right to demand through registration. There are differences and connections between the two and should be consolidated and improved so as to protect the buyer’s interests more effectively.