On Protecting Buyers' Interest In Commercial Housing Sales

It is in urgent need in theory and practice to make clear the nature of commercial housing buyers` interest, regulate the corresponding circulation order and further perfect the relative legal system, however , the relative theory research and systematic exposition in this aspect are rare, furthermore, the current legal system is ambiguous and even vacant in this area. The purpose of the article is to solve the practical problems of protecting and circulation of buyers` contract interest existing in sales of commercial housing to reinforce the protection of commercial housing buyers` interest and maintain consumers` legal interest so as to promote the healthy and orderly development of commercial estate exchange market. Housing system reform makes housing sale a more and more important part of the economical life of society as well as the daily life of common people. Modern financial derivative tools promote the development of housing buyer contract interest financing and highlight the safe fulfillment of buyers` contract interest in the subjective matter, the house, on the other hand, according to the traditional civil law theory , housing buyers can only get creditor`s right on the housing purchase contract, which can not construct the right of control and disposition to the contract subject matter ,the house., so sharp conflict appears. To solve the aforementioned problem, the article makes deep research on creditor`s right ,the theory of granting creditor`s right part of the right of right in rem, expective right and gives exact orientation to the above mentioned rights, furthermore, discovers ,layer upon layer, their function, effect, constructive condition and their mutual relations, evolution process, first ,analyzes the connotation of housing purchase buyers` interest and defines that the interest and buyers` contract creditor` right shares the same connotation, and the buyers` expective interest in the subject matter is buyer` creditor` claim; second , interprets that under the housing purchase contracts , the buyers` interest has inherent requirement of circulation, and with the payment speed being quickened, the property value will amplify and the interest will circulate more quickly. In the angle of legislative policy, involving in the people`s fundamental interest of the right of dwelling , protection of housing buyers` contract interest and housing buyers` expective right to the subject matter, the house, should be strenghthened . Because the creditor`s right of buyers` contract is inadequate to protect buyers` contract interest, to attain the legislative target, the way of granting creiditor` right part of the right of right in rem should be adopted, that is to grant housing purchasing contract buyers` credit part of the effect of the right in rem, at the same time, the expective position existing in independent circulation possesses some character of right because of granting creditor` right part of the right of right in rem, that is the legal character of housing purchasing contract buyers` expective position. The article also analyzes advance notice registry system, making clear that the system is not only the method to grant housing purchasing contract buyers` creditor` right part of the right of right in rem , also the necessary constitutive requirement to form the housing purchasing contract buyers` expective right. Moreover, the article, combining the aforesaid theory with practice, makes arrangement for the circulation of housing purchasing contract buyers` expective right and puts forward proposition to solve the conflict by public summon system to protect transaction. The achievement of the article is making clear the legal character of housing purchase contract buyers` expective position in theory, and making research on the protection and orderly circulation of housing purchase contract buyers` interest. The research methods adopted in the article include combing theory with practice to raise problems, expounding the research object and target in consideration o...