Peremptory Norms Of The Impact Of Sales Contract

Sales of commercial real estate sale is one of the ways the developers who are building houses to sell to pre-order pre-party, pre-order or delivery of the deposit to buy a house party and sale at a future date be a legal act of home ownership . "Supreme People's Court on the trial case law applicable to real estate contract dispute a number of issues of interpretation " (hereinafter referred to as the "interpretation"), "Urban Real Estate Administration Law "and" City real estate sale management approach " which is related to the provisions of real estate sale are Mandatory. One of the conditions that developers are pre-sale housing is to obtain pre-sale permit, if not the developer signs a sale contract with the Real estate buyer, according to real estate sale of the mandatory requirements, Such contracts shall be deemed null and void. In my opinion, determining the pre-sale contract invalid permits is not only the use of peremptory norms of freedom of contract to intervent, more serious it damages to the vital interests of the Real estate buyer, ant the contract becomes the usual tricks which the developer aviod responsibility, and "interpretation" on the provisions of punitive damages of developer, in theory, it is questionable, in operation, difficulty. This can not simply be identified as the sale contract invalid, but should be given the right of choice to Real estate buyer, Real estate buyer consider the validity of certain contracts according to their own interests, or exercise the cancellation right, or consider the contract null and void. This approach effectively protects the interests of the Real estate buyer, more importantly, the concept of "contract law " highlights the freedom and the value of the transaction, and makes a large number of contracts no longer valid because of violation of peremptory norms, no longer subject to private law is not autonomous field Necessary against. Meanwhile, I make recommendations to the protection of the interests of Real estate buyer benefit. Paper is divided into four parts. The first part introduces the relevant sales contract theory. First of all, elaborated the concept and characteristics of housing; Secondly, the system for real estate sale itself, describes the theoretical circles on the abolition of the system of two opposing views, and through analysis of the relevant advantages and disadvantages, I believe that pre-sale system in promoting the development of potential housing market has not fully played out Previously, will not die; Finally, a brief introduction about the content of pre-sale permit.The second part introduces the legislative comb of validity of the contract in violation of peremptory norms. Firstly, a specific classification of the mandatory specifications to determine the real estate sale in which the positioning of peremptory norms, and by Germany, Japan, Taiwan, China breaches of peremptory norms of validity of the contract stipulated that the effectiveness of the treatment contract Issues, not always found to be invalid, which has a reference and guidance to China's regulations; Finally, author analyses the "Contract Law " peremptory norms of judicial interpretation of the Second on the legislative intent, by the violation of peremptory norms of legislative development.The third part of the system of real estate sale by a peremptory norm elaboration, analysis of its impact on the sales contract without a license. Firstly, with the processing contract, booking contracts, installment sales contracts and futures trading, payment term contract for the sale of the comparative analysis and elaboration, identification of the legal nature of the sales contract, which is a form of forward sales contracts; Secondly, the most basic standards determine the validity of the contract that freedom of contract, contract benefits, fairness and justice; the analysis of the academic circles for undocumented attitude of the effectiveness of pre-sale contracts, and published author's own view that such contracts should not be directly Null and void; Moreover, it introduces the practice of judicial practice to deal with this contract dispute, which is strictly in accordance with the "interpretation" of the relevant provisions of the verdict, but also highlights the problems that are not fair; Finally, the author of "interpretation" the invalid provisions and relevant question of punitive damages, that according to "Urban Real Estate Administration Law "and" City real estate sale management approach " to the administrative provisions of the contract is invalid which is unreasonable, and completely ignored the protection of the interests of estate buyer.The fourth part of the real estate sale is Legislation of peremptory norms. Through the contract is invalid and can be revoked and the revocation of the right to compare the understanding that the pre-contract deal with this illegal immigrant needs to learn the practice of the contract can be revoked, the identification of its effectiveness should be given the right to choose their Real estate buyer can use revocation of the right to make the contract void , or validity of the contract to make sure that the choice of the contents of the two sides to continue the contract. This approach is truly effective protection of the interests of Real estate buyer.