预售商品房买受人的期待权

随着我国房地产市场的迅速发展,商品房预售活动与日俱增,同时也带来了一系列的法律问题。由于预售商品房买受人往往处于社会弱者的地位,现实生活中也经常是受害者,如何保护他们的利益成为了一个问题,买受人购买尚未建成的房屋,其法律地位如何,我国法律并没有明确规定,因此缺乏保护买受人利益的法律基础。本文就试图论证这一问题,以找出一个解决问题的方案,笔者认为通过引进期待权制度,可以回答预售商品房买受人的法律地位,同时也可以很好地保护预售商品房买受人的利益。

On the Expectant Right of the Purchaser of Advance Sale of Commercial Housing

With the fast development of the Chinese real estate market,the advance sale of commercial housing is growing increasingly,but at the same time it has been followed by a series of legal problems.The purchaser of advance sale of commercial housing is usually on a social weak position,often is the injured party in practice,so how to protect their interests has become a legal issue.Chinese law doesn't prescribe specifically the legal status of the purchaser of advance sale of commercial housing because the house for sale is still under construction.Therefore the legal base is lacked for protecting the purchaser's interest.This essay attempts to elaborate this problem in order to seek a proposal for settling this problem.In the author's view,through introducing expectant right system,the legal status of the purchaser of advance sale of commercial housing can be settled,and the interest of the purchaser of advance sale of commercial housing can be well protected at the same time.