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我国的商品房预售制度是从上世纪九十年代初从香港引进后逐步建立的。由于原有的立法规定的仅是商品房预售问题,商品房交易预售中的违规违法情况大量存在,“一屋数卖”的纠纷不断增多。《物权法》第二十条设立了不动产预告登记制度填补了民事立法的空白,但关于商品房预告登记的有关问题,在其立法和制度适用中尚需进一步完善。
China’s real estate pre-sale system is from the early nineties of last century after the introduction from Hong Kong and gradually established. Due to the fact that the original legislation only stipulated the pre-sale of commercial houses, there were a large number of illegal and illegal activities in the pre-sale of commercial houses, and the number of disputes over the sale of a house increased. Article 20 of the Property Law establishes a real estate advance registration system to fill the gap in civil legislation, but the relevant issues concerning the registration of commercial housing advance notice need to be further improved in the application of its legislation and system.