当前, 购房者与开发商因商品房认购书问题所引发的法律纠纷层出不穷, 而理论界和审判实践中对此类纠纷问题的认识往往不大一致。商品房认购书的性质应属于预约合同, 其法律效力和委托合同、合伙合同一样具有一定的人身属性, 不宜强制履行; 对于不履行认购书义务者应当按照法律关于定金的规定处理, 也可以追究违约方的缔约过失责任。
With the rapid development of real estate development market, the house has gradually become a hot spot for investment in the process of real estate sales, real estate developers in order to improve the real estate sales, the majority before the formal signing of the real estate sales contracts, first with the purchase of householdentered into real estate offers. Because existing laws and regulations for the subscription book did not make specific provisions, the legal effect of offers, the status, nature and both parties rights and obligations of people lack a clear understanding, which led to a large number of offers dispute has become a person judicial practice community problem that needs addressing. Theoretically study the problem, identified the legal nature of the real estate of offers as well as to establish its legal status, significance, and also has a role in promoting norms for the practice of real estate buyers and sellers rights and obligations of the parties.
At present, buyers and developers of commercial housing of offers legal disputes arising from emerging, theorists and trial practice, such disputes are often not consistent. Real estate subscription book of nature should belong to the pre-contract and its legal effect and the commission contract, partnership contract the same has a certain amount of personal property, should not be forced to perform; not fulfill subscription agreement obligations of those who should be in accordance with the law on deposit of the provisions deal with but also can be investigated for the party in breach Contracting negligence.
Keywords：Real estate subscription book；The legal nature of；The legal status of