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Pre-sale Of Commercial Housing Rights Of The Parties To The Conflict In Coordination

Posted on:2007-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:R H ZhangFull Text:PDF
GTID:2166360212472111Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Along with the Housing industry, the sale of commercial housing forms are increasingly common. Pre-sale of commercial housing-legal relations between all the main interests often occur even with the occurrence of, and corresponding levels of the effectiveness of legal norms, the content flow in broad, leading to the reality of many complex disputes to be settled properly. How to coordinate and balance the interests of the parties has become a pre-sale of properties important topic. The reasons to learn from the perspective of the analysis may have a pre-sale rights of the parties have the right to the main character, concluded : The pre-purchaser possession is a "real nature" of the right to expect that construction contractors have been the priority of security interests in nature, and is owned by the Bank Mortgages. This is the first part of this article. Part II, on the basis of my work-related laws and regulations, this was a right of the parties to make the sequence analysis that the priority was due to the nature of the right -- the right of priority in the decision The pre-purchaser should be the first priority, statutory security interests over the agreed principles of security interests should be decided by the construction contractor as a second priority, as a mortgagee bank is the third priority. Meanwhile, the author of how to strengthen the pre-purchaser, construction contractors, banks and other parties to the main interests of the study and make their own views and suggestions. The last part, the authors proposed the establishment of a notice of the registration system to strengthen the protection of the interests of all parties. After notice of the registration system more study, the authors believe that China's existing commercial housing pre-sale registration system is not the so-called notice of registration, and the existing system of multiple errors exist, a notice of the registration system for all subjects of rights protection is very necessary, a notice of this on the registration system in the state of legislation, and to construct make a few ideas. In that notice should be appropriate to expand the scope of the registration, the registration should have the...
Keywords/Search Tags:advance sale of residential house, priority, mortgage, Advance notice registration
PDF Full Text Request
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