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随着市场经济的发展以及房屋产权制度的改革和完善,中国的房地产市场持续升温,为了保证消费者在买卖房屋中尽量避免出现纠纷,我们这一期的《经济与法》专栏主要讲述一下购房合同的有关问题。在购买商品房时,房屋买卖双方需要签订一份正式的商品房销售合同,这是买房过程中的一个基本环节,是交易双方自愿订立的一种契约,对交易双方各自的权利义务起到了规范、监督和保护的作用。其成立的条件如下:出卖方必须具有房屋所有权和土地使用权这是买卖房屋的一个前提,非房屋所有人和土地使用人不得出卖他人的房地产。买卖双方当事人必须具有完全行为能力根据民法中关于民事行为能力的规定,未成年人和被宣告为无民事行为能力或限制行为能力的公民不能签订房地产买卖合同,其房地产买卖行为由其法定代理人代为进行。单位买房者如需购买私房的须得到有关机关的批准。房地产买卖双方当事人的意思表示必
With the development of the market economy and the reform and improvement of the property ownership system in China, the real estate market in China continues to heat up. In order to ensure that consumers can avoid any disputes in buying and selling houses as much as possible, the column of “Economy and Law” in this issue mainly tells about buying houses Related issues of the contract. In the purchase of commercial housing, buyers and sellers need to sign a formal sales contract, which is a basic part of the process of buying a house, is a voluntary contract between the parties to the transaction, both parties to the rights and obligations of both parties played a norms, supervision And the role of protection. The conditions for its establishment are as follows: the seller must have the ownership of the house and the right to use the land. This is a prerequisite for buying and selling houses. Non-homeowners and land users may not betray others’ real estate. Both parties to the buyer and the seller must have full capacity According to the provisions of the civil law on the ability of civil conduct, minors and citizens declared as having no capacity for civil conduct or restriction of capacity can not sign a contract for real estate sale and purchase of real estate by its legal representative On behalf of. Unit buyers who need to buy private houses to be approved by the relevant agencies. Real buyers and sellers of the real meaning of the parties expressed