Supreme People's Court, Several Issues Concerning the Application of Law to Trial of Disputes over Commodity Premises Sales and Purchase Contracts Interpretation
关于审理商品房买卖合同纠纷案件适用法律若干问题的解释
A set of interpretation which deals with matter that concerns disputes over commodity premises sales and purchase contracts in the PRC.
(Promulgated by the Supreme People's Court on April 28 2003 and effective as of June 1 2003.)
(最高人民法院于二零零三年四月二十八日公布，自二零零三年六月一日起施行。)
The Interpretation is formulated in accordance with the relevant laws such as the PRC Civil Law General Principles, PRC Contract Law, PRC Administration of Urban Real Property Lawand the PRC Security Law, in order to try dispute cases involving commodity premises sales and purchase contracts in an accurate and timely manner.
为正确、及时审理商品房买卖合同纠纷案件，根据《中华人民共和国民法通则》、《中华人民共和国合同法》、《中华人民共和国城市房地产管理法》、《中华人民共和国担保法》等相关法律，结合民事审判实践，制定本解释。
Article 1: The term "commodity premises sales and purchase contracts" as used in the Interpretation shall refer to the contract involving the price paid by the buyer in sales by real property developers to the public (hereafter, the seller) of housing not yet built or completed housing, where ownership of the premises is transferred to the buyer.
第一条 本解释所称的商品房买卖合同，是指房地产开发企业(以下统称为出卖人)将尚未建成或者已竣工的房屋向社会销售并转移房屋所有权于买受人，买受人支付价款的合同。
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