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分期付款方式在商品经济高度发达的资本主义国家早已广为流行,它不只限于不动产,也适用于动产,我国公房出售应当借鉴这种方式。首先,公房出售,国家为出售方主体,应当采用标准合同形式,这样就可在合同中订明每次付款的数量、时间,以及履行终结的期限、违约责任等,由买受人适当履行。其次,出售者可把利息计入房价,以确保自身利益不受损失,此外,这种方式也适合我国居民周期性的收入特点和收入水平,不会给买受人造成沉重负担。如何具体实现分期付款买卖,理论界有不同的认识,主要有“所有权保留说“和“抵押权设定说”。
The installment payment method has long been popular in capitalist countries with highly developed commodity economy. It is not limited to real estate but also to movable property. The sale of public housing in our country should learn from this method. First of all, the sale of public housing, the state is the main seller, should use the standard contract form, so that the contract can be specified in the amount of each payment, time, and the fulfillment of the deadline for liability for breach of contract by the buyer to perform properly. Second, the seller can put interest into the price to ensure that their own interests are not lost, in addition, this approach is also suitable for our residents' periodic income characteristics and income levels will not cause heavy burdens on the buyer. How to realize the installment sale concretely, the theory circle has the different understanding, mainly has “the ownership reservation said” and “the mortgage hypothesis hypothesis”.