商品房交付条件刍议

A Discussion on Delivery Conditions of Commercial Housing

摘要: 我国对于商品房交付应具备的条件可分为法定与约定条件。但其中法定条件存在争议，即竣工验收合格应采用何种判断标准。这一争议对当事人的合同约定也产生影响。本文通过对相关观点的分析，认为五方验收合格说虽也有漏洞，却更合理。但由于上位法的缺失，竣工验收合格标准最终还是应交由当事人选择。

Abstract: In China, the conditions required for the delivery of commercial housing can be divided into statutory conditions and agreed conditions. However, there is controversy regarding the statutory conditions, specifically concerning the criteria for determining qualified completion acceptance. This controversy also impacts the contractual agreements between the parties. Through analysis of relevant viewpoints, this paper argues that the theory of five-party acceptance, although flawed, is more reasonable. Nevertheless, due to the absence of higher-level legislation, the standard for completion acceptance should ultimately be left to the discretion of the parties involved.