商品房预售中预购方权益保护研究

发布时间：2018-04-23 21:07

本文选题：商品房预售 + 预购方　；参考：《中国青年政治学院》2014年硕士论文

【摘要】：房地产行业与国计民生关系重大,自从住宅市场化以来,房地产业带动了整个中国国民经济的发展,更深刻影响了普通民众的生活水平。目前我国各主要城市商品房预售比例均达到了百分之八十以上,研究商品房预售制度对保障购房者权益,维护商品房市场秩序具有重要意义。本文共分为三个部分,第一是绪论部分,介绍了本文的选题背景及意义、研究方法和主要内容。第二是文章的本论部分,分为四章。第一章为商品房预售中预购方权益保护概述,从商品房预售的概念、特征,商品房预售中预购方作为合同当事人和消费者所享有的权益,实践中预购方权益遭受侵害的主要形式方面为之后的具体论述进行铺垫。第二章为商品房预售中预购方信息权益的保护,首先论述了信息权益保护的理论基础,其次从虚假广告和隐瞒重要事实两个方面分析了商品房预购中买卖双方信息不对称的主要表现及其解决办法。第三章为商品房预售中预购方的合同保护,首先论述了合同保护的理论基础,其次具体就对合同中较为重要的面积条款、交楼和延迟免责条款、质量和保修条款、产权担保条款做出具体分析,提出对完善《商品房买卖合同示范文本》和相关立法的建议。第四章为商品房预售登记中预购方的权益保护,首先从理论上确定了商品房预售登记备案的性质是债权登记和行政管理手段,其次分析了预售登记制度在保护预购方物权上的不足,提出对预售登记制度的具体改进方案。第三是结论部分,总结了文章主体部分所得出的完善预购方权益保护的具体建议。
[Abstract]:The real estate industry has a great relationship with the national economy and the people's livelihood. Since the housing market, the real estate industry has driven the development of the whole national economy in China, and has deeply affected the living standard of the ordinary people. At present, the proportion of commercial housing pre-sale in major cities of China has reached more than 80%. It is of great significance to study the pre-sale system of commercial housing to protect the rights and interests of buyers and to maintain the order of commercial housing market. This paper is divided into three parts. The first part is introduction, which introduces the background, significance, research methods and main contents of this paper. The second part is the theory of the article, which is divided into four chapters. The first chapter is an overview of the protection of the rights and interests of the buyers in the advance sale of commercial housing, including the concept and characteristics of the pre-sale of commercial housing, and the rights and interests enjoyed by the pre-purchasers as the parties to the contract and the consumers in the pre-sale of commercial housing. In practice, the main forms of infringement of the rights and interests of the pre-purchasers pave the way for the later specific discussion. The second chapter is the protection of the information rights and interests of the buyers in the advance sale of commercial housing. Firstly, it discusses the theoretical basis of the protection of the information rights and interests. Secondly, the paper analyzes the main manifestations and solutions of information asymmetry between buyers and sellers in advance purchase of commercial housing from the aspects of false advertisement and concealment of important facts. The third chapter is the contract protection of the buyers in the advance sale of commercial housing. Firstly, it discusses the theoretical basis of the contract protection, and secondly, it concretely deals with the more important area clause, delivery and delay exemption clause, quality and warranty clause in the contract. This paper makes a concrete analysis of the property right guarantee clause, and puts forward some suggestions on perfecting the Model text of the contract for the purchase and sale of commercial housing and the relevant legislation. The fourth chapter is the protection of the rights and interests of the buyers in the pre-sale registration of commercial housing. Firstly, it determines theoretically that the nature of the pre-sale registration of commercial housing is the registration of creditor's rights and the means of administration. Secondly, it analyzes the deficiency of the pre-sale registration system in protecting the real right of the pre-buyer, and puts forward the concrete improvement scheme of the pre-sale registration system. The third part is the conclusion part, summarized the main part of the article to improve the protection of the rights and interests of buyers specific recommendations.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.6;D922.29

【参考文献】