以房抵债合同转让的效力分析

在房地产开发建设过程中，以房抵债的现象十分常见，抵债房屋被多次转抵的情形非常普遍．以房抵债的实质是房屋买卖关系，但由于法学界对房屋权属登记是否影响房屋买卖合同的效力问题存在争议，已经造成司法实践上的混乱．笔者从法律、法规及司法解释入手，结合案例对该问题进行了深入探讨，以期对司法实践有所裨益．

An Analysis of the Effect of Housing-debt Contract Transfer

In the process of real estate development and construction, the phenomenon of housing debt with bonded houses repeatedly transferred is quite common. Housing debt, in essence, is a housing trade relationship; however it has caused confusion in the judicial practices due to the controversy within the law circle around the problem of whether the housing ownership registration affects the effect of the sales contract of houses. Around this problem, the author of this paper goes into a thorough discussion with specific case studies from the perspective of the interpretation of laws, regulations and jurisdiction in order to be beneficial to the judicial practices.