The Research On The Protection Of The Pre-buyer's Rights In The Contract Of Commercial Apartment's Pre-sale

As a new trading method, the Pre-sale of the Commercial Apartment comes into being along the development of China's real estate market. By making it easier for the real estate enterprises to raise fund, and reducing the pressure of the buyer to pay, the new trading method boosts the development of the market of the real estate; it has developed into the main trading method in the sales of the real estate in China, and will go on for a long time. As the definitely necessary subject of the contract in the sales of the real estate in China, Pre-buyer is authorized the rights directly by the contract of Commercial Apartment's Pre-sale. It is the huge differences between seller and buyer that make the subjects' legal status in contract unequal. Additionally, because of the legal characteristics of the contract of sale, the buyer is in also disadvantaged status during the course of contract's fulfillment. Based on the buyer's disadvantaged status in the contract of Commercial Apartment's Pre-sale, the buyer's rights are vulnerable to the infringement by the seller. Therefore, how to protect the right of the buyer in the contract of Commercial Apartment's Pre-sale plays a crucial role in the establishment of the policies of Commercial Apartment's Pre-sale in China.The basic thoughts commanding the whole thesis are: First, admitting the fact of the infringement of the buyer's legal rights in the contract of Commercial Apartment's Pre-sale; Second, as directed by the thoughts and ideas pursuing the real equality in the contract, to search an effective way to protect the buyer's legal right through the internalprotection of the Law of Contract and external adjustment of the Law of Real Estate Administration under the current legal system of China; and to think over the methods to improve the legislative system protecting the legal rights of the buyer who is in the disadvantaged status in the contract. It is the train of thoughtAs a thesis with about 33,000 characters, except the preface and the concluding remarks, it consists of three chapters. Chapter one, Summarization of the contract of Commercial Apartment's Pre-sale and the legal rights of the buyer. In this chapter, the author analyzed the establishment, legal characteristics, features of the contract of Commercial Apartment's Pre-sale and the basic legal rights of the buyer. Through chapter one which is also the base of the whole thesis, readers can find out the root causes of the buyer's disadvantaged status in the contract.Chapter two, Analyses on the legal protecting rules and regulations of the Pre-buyer's rights in the contract of Commercial Apartment's Pre-sale under the current legal system. First of all, considering the remarkable characteristics of the contract of Commercial Apartment's Pre-sale, the author analyzed the protecting rules in the aspect of contract's internal protection; And discussed the Real Estate Laws' protection on the rights of the Pre-buyer in the aspect of the contract's external protection, especially in the administration of the advertisement and the administration of the real estate market. Finally, the author pointed out the shortcomings of the current protecting rules and regulations, especially the shortcomings of the equal protection of the Contract Law and Real Estate Law featured with administrative methods. Thus, it leads up to the improvement of the protecting system of the Pre-buyer's rights.Chapter 3, Considerations on the improvement of the protection ofthe Pre-buyer's rights in the contract of Commercial Apartment's Pre-sale. Firstly, the value of the law system adjusting the contract of Commercial Apartment's Pre-sale is deemed the pursuit of realistic equality. Secondly, the Law on the Protection of the Customer's Rights and Benefits is advised to be applicable to the protection of the Pre-buyer's rights in the contract of Commercial Apartment's Pre-sale. After the clarifying of the commercial features of the commercial apartment and the legal status of the Pre-buyer as customer, through analyzing the legislative frame, subjects, measures of responsibilities, etc, of the Law on the Protection of the Customer's Rights and Benefits, the author concluded that Law on the Protection of the Customer's Rights and Benefits is applicable to the protection of the Pre-buyer. Meanwhile, the author confessed her owns point of view on the application of article 49 of the Law on the Protection of the Customer's Rights and Benefits, which is controversial in the field of theory. Eventually, he author made propositions on the application of he Law on the Protection of the Customer's Rights and Benefits. At the last part of this chapter, grounded on the analyses of the rules of Registration of the contract's establishment, Inspection of the Pre-payment, etc, the author also submitted three proposals to improve the establishment of the regulations and rules of the Commercial Apartment's Pre-sale.