?動產交?制?之研究(中文摘要) 我國的?動產交?制?，?甚健全，由於建築法規及公寓大廈管?條??干規定之缺失，使建商於建屋出售時，得以「灌虛坪」，增加購屋消費者之負擔。而且由於建商?斷地哄抬房價，致?少購屋民眾背負著沉重房貸，成為屋奴。尤有甚者，因?約保證制?尚未正式建?，建商?出?況或倒閉，購屋消費者往往血本無歸，辛苦積蓄頓然化成烏有。為防止上述情形繼續發生，建?公平合?的?動產交?市場，刻?容緩。鑑此，申請人擬從法制面對?動產交?制?作一系?之研究。即：針對?動產交?有關法?之缺失加以檢討。其內容包括探討：(1)建築法規及公寓大廈管?條?之相關規定。(2)內政部頒布的預售屋買賣?約書範本與預售屋定型化?約應記載事項及?得記載事項。期能指出現?法?之缺失所在，進而提供修法(或修訂)之建議。 A Research on the Real Property Transaction System The real property transaction system of our country has not been perfectly set at this present moment. Due to the deficiencies in the building codes and other related regulations and standards as well as the Statute for Management of Apartment Building, the real estate developers building residences for sale could use such deficiencies to squeeze the measurement of the common areas (such as hallways, heating system, elevators, and recreational facilities) or the non usable exterior areas (for example, balconies) into such of the usable individually owned specific units to collect more money from the pockets of the consumers purchasing residences. And by keeping setting the prices of residences higher, the real estate developers have caused many consumers trapped by the financial arrangements they utilized while purchasing their residences. Moreover, in lack of any system of securing performances, the investment of the consumers who scrimp and save to buy residences would vanish completely when the real estate developer suddenly goes bankrupt, or into liquidation or any predicament. In order to stop the above mentioned occurrences, it has been inevasible to establish a fair and reasonable market of real property transactions. Thus, the applicant would intent to conduct a consecutive research on the legal aspects of our country’s real property transaction system. The research will be as follows: we would like to find out and review the current deficiencies existing in the related code and ordinances of our country’s real property transaction system, which would include the building codes, the Statute for Management of Apartment Building and other related regulations and standards, as well as the “Model Form for the Contract of Pre-sale House” and the “Indispensable and Forbidden Clauses of Standard Contract of Pre-sale Houses” promulgated by Ministry of Interiors. We hope to indicate the deficiencies within the current codes and ordinances and provide advises regarding the legislative or administrative amendment for correction.
