| The educational world sells in advance to the commercial housing saves abandons the struggle, caused the author to sell in advance the system perfect ponder to the commercial housing. The author believed that in our country present real estate market development process, cannot cancel sells in advance the system, but is must realize the commercial housing to sell in advance the system "the soft landing", through system's design, further consummates the related legal regime. Through the ponder, the author proposed sells in advance in system's consummation in the commercial housing, protects purchases in advance the person rights and interests is the core question, should strengthen and consummate had in the system to purchase in advance the person rights and interests protection the content. Purchases in advance the person rights and interests to have ,own unique connotation, not only includes purchases in advance the right which the human enjoys, but also includes purchases in advance the benefit which the human enjoys, progresses in this foundation purchases in advance the person rights and interests explicitly the type scope; Because the commercial housing sells in advance the system to have the unique attribute, sells in advance the contract is also one kind of important forward fulfillment contract, therefore purchases in advance person's rights and interests is one kind of anticipation rights and interests, is one kind of creditor's rights and interests, and has "the real right"; In the relational complex commercial housing sells in advance in the process, purchases in advance the human when carries on benefit gambling with other main bodies, is at the unbalanced weak trend position, based on its special attribute and in the selling in advance special position, must carry on the special protection to it. After being clear about the basic theory, the author analyzed our country existing to sell in advance in the system to purchase in advance the flaw which and the insufficiency in the protection the person rights and interests aspect existed, as well as the related prejudicial act's type, analyzed the flaw existence realistic reason, proposed that profited from different local and the national experience, set up explicitly purchases in advance the person rights and interests protection the basic principle, should from anticipation in the admittance threshold's enhancement, the matter the supervision and the registration consummation, protects afterward strengthens and so on aspects, carried on the multiple perspectives the entire journey protection, from this could reduce purchases in advance person's transaction risk, the standard sells in advance the market, displayed the commercial housing to sell in advance system's positive role well This article has utilized the comparison research and the empirical study analysis method carries on the proof. |
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