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处理房屋卖买纠纷案件既要考虑房屋买卖合同的特殊性,又要不违背一般合同及买卖合同的基本原理。这里首先必须明确几个概念: 1.房屋买卖合同与房屋买卖关系房屋买卖关系的产生依据有两个,一是我国现有法律、法规对房屋买卖法律行为所作的规定;二是基于房屋买卖合同的约定。但是法律、法规本身并不能直接在当事人之间引起权利义务关系。房屋买卖关系是由当事人双方通过签订房屋买卖合同等法律行为而发生的。由此得出结论:房屋买卖合同是引起房屋买卖关系的民事法律事实,而房屋买卖关系则是由房屋买卖合同所引起的民事法律关系,
Deal with the case of housing sales and purchase disputes to consider both the special nature of the contract for the sale of housing, but also does not violate the basic principles of general contracts and sales contracts. First of all, several concepts must be clarified here: 1. The relationship between the sale and purchase of houses and the relationship between the sale and purchase of houses The sale and purchase of houses depends on two factors. First, the existing laws and regulations of our country stipulate the legal acts of buying and selling houses. Second, The agreement. However, the laws and regulations themselves can not arouse the rights and obligations directly between the parties. The relationship between the sale of housing by the parties through the signing of housing sales contracts and other legal acts took place. It concludes that the contract of sale and purchase of housing is the civil legal fact that causes the relationship between house sale and purchase, while the relationship of sale and purchase of house is the civil law relationship caused by the house sale contract,