Study On The Contingent Right Protection In The Contract Of The Commercial Housing Pre-sale

Since the government took the reform and opening policy, the commercial housing market is becoming more and more active. The pre-sale of commercial housing becomes the primary form of transaction. Because the house is building, the buyer can not obtain immediately the ownership of the house, which is dangerous for the buyers. The protection of the contingent right is on behalf of the advantage of the buyers. In order to protect the buyer's interest, the author provides some suggestion for the perfection of the law system.If we want to design the law system for the protection of the contingent right, the first thing that we should do is understanding the notion and the character of the contingent right. By analyzing the right of the buyer in the contract of commercial housing pre-sale, we know that the right is the contingent right. The contingent right's character is connection with the character of the right the buyer will obtain. So we know that the contingent right is a kind of crediter right which is similar with the ownership right.There are a lot of relationships in the contract of the commercial housing pre-sale. Between the relationships, the contingent right collides with other rights, such as mortgage of the state-owned land using right, the mortgage of the on-going construction, reimbursement priority of the construction works payment. The author brings forward the solution of the conflict.The buyer takes the contingent right through the contract of commercial housing pre-sale. The buyer may deal with the contingent right before the buyer get the ownership of the house. The law system on the transferring the contingent right and the mortgage is vise, the author provides the solution.By the analyzing the problem in the system of the contingent right, we get the conclusion that we should design the registration system of the pre-sale commercial housing, which can make the rights recognized. By this way, if the conflict of the rights can be avoided, the risk of the transferring can be lower.