Study On Legal Promplems Of The Subscription Book For Commercial Houses

In the practice of selling and buying commercial houses,before both parties sign the formal contract,the real estate developmenter and the house buyer uaually at first sign a subscription book to identify the detail of the transaction. What's more,the buyer usually pays a deposit to the seller as the guarantee of signing the contract.This is a common practice in this kind of transction. Because there are no artiles in the present laws and adminsistrative regulations concerning subscription book,so people are not clear about its legal nature,its status,and both parties' rights and obiligations. The consequence is it causes a lot of disputes which needs to be solved by judicature. This essay tries to discourses this problem at the following aspects: the nature and status of subscription book, its relationship with the contract,the rights and obligations of the parties to the subscription book,and its legal effect,the deposit liability,and its law regulations.The essay's aim is to provide theoretical guidance to how to correctly apply the present laws to solve these disputes happening in the practice.This essay's train of thought is as followling: using the basic theories of contract law including the subscription contract theory and the fault liability theory of concluding contract,cooperated with the speical status of subscription book in the transaction of comercial houses,to analyze and explore the related legal problems of subscription book.Part one mainly analyzes the subscription book's legal nature based on the discriptions of all kinds of points of view.. Part two mainly indentify the status ofsubscription book from the process of concluding the contract and the contents of the subscription book itself. Part three mainly explores the relationship between the subscription book and the selling and buying contract from the aspects of practice and theory.Part four makes it clear the parties' obligations from the following aspects:the theory of subscription kinds,the aim of the contract concluding,and its practical effect.Part five mainly discusses the effective conditions of subscription book by cooperating the transaction practce and the relative laws and administrative regulations..Part six mainly discourses the following problems: whether it is possible to implement the subscription book by coersion,how to identify the liability nature and the indemnity coverage if the subscription book is breached,what is the deposit liability and its relationship with damage indemnity.Part seven focuses on discussing the application of deposit.Part eight mainly discourses on the law regulations concerning subscription book from the aspects of subscription and the independent contract.Based on the analysis mentioned above,this essay holds that the nature of subscription book belongs to subscription.It not only owns the procedure of concluding a contract for buying and selling goods,but also it is in fact an independent contract.Honestly concluding the contract is its main obligation.What's more,the subscription for the house shall not be done on the condition that the preselling permit should be got at first.Among them,the deposit which owns the dual natures of both the deposits to guarantee concluding and not breaching the contract shall be considered as a common contract which is govened by civil law and contract law and the law of the PRC on the adminstration of the urban real estate. What's more, the indemnity liabilty for the default in concluding a contract shall be investgated in accordance with the articles of laws...