A Study On The Forward Purchasing For Commodity House Contract

The forward purchasing behavior to commodity houses is a kind of more special legal act. It is a legal act meaning to sell the house that haven't yet finished in advance to the purchaser who pays for the house which will be consigned surely at a certain date. Correspondingly, the forward purchasing contract is a special document which defines the forward purchaser pay the house beforehand to the seller who will surely consign the house to purchaser in the future. With the our country's real estate market fast development,the situation that the real estate dispute presents to increase year by year, and especially the merchandising building business contract dispute becomes the hot point that consumes complain.Even though the lawmaking,administration,and other judicial section make relative laws and policy to formulate the systerm,still the situation is unsatisfied with the fast development of the real estate market .How to make use of the existing law principle and the rule to resolve the dispute and how to use the lawmaking and to make up the law loophole, are the problem for both the law research circles and the law practice fields. On the analysis of the quality to the forward purchasing contract, using the basic theory of contract law, the text disgusts the articles of the certain contract and analyze the relative rules in order to improve it. Tight around the judicatory five practice familiar disputes, the text analyze the causes of the disputes. Hopefully it benefits both in theory and in practice about solving the merchandising contract.This text is divided into four parts totally. Except the first part, each part makes use of the related foundation theories of the contract method to carry on introspect to the current related lawmaking and judicatory, and put forward the way of thinking and the counter plan.The first part is the concept and the analysis of the specialty of the forward purchasing contract. First introduce the concept of the forward purchasing, and then comparing with the general business contract ,the especial contract provides several characters of it ,namely the specialty of object, the contract implement not in time, the national adjustment intervention and the right of the obligee.The second part is a research on the relation between the recognizing book and the purchasing contract. Introducing the different standpoint both in theories and in actual fields towards recognizing book ,using the relation theories between the basic article and forward article, the text points that the recognizing book is totally different from bargaining contract and forward parching contract which takes the being-building as the object. Then pose the opposing that the book is forward contract generally. On the analysis the compulsive legal effect to conclude a contract of the recognizing book, and the evaluation of article 4th of The Merchandise Building Judicatory Explain , the text states the book use the rule of forward punishment to make up the present condition that the article has not clearly state, and hence weaken the effect of contract. Then the text analyze the relation between the book and contract, and put forward the notion that the recognizing books are not all the forward contract. The judging standard is two. First is the necessary item of contract, and second is to ensure the true concern from the engagement for the dealers. Making use of the above-mentioned standard, the text analyze the necessary item of the merchandise building business as building number, the building payment and method of payments. When recognizing book also has the above-mentioned item at the same time, the book can be converted to forward contract, and therefore, the books are not all the forward contract in judge practice. End, on the critique of article 5th of The Merchandise Building Judicatory Explain thinking that rule that breaches the contract method contract to establish, confusing the relation between the contract to establishment and contract implement, which is against the lawmaking spirit of the bargain, but with the condition that the consignation of payment to the contract establishment, the text believe it betrayed the traditional civil law theory, and hence it should be removed from the list of articles.The third part is the research of the articles of the forward purchasing contract .First with the theories of the related contract law the text analyzes the forward purchasing contract's quality. The modern pattern of the merchandise building business contract can be converted into practical contract through the request of administration. It is not a format contract, but among them some complement items or the complement agreements may become the format item or format contracts. And then the text analyzes the legal problem of complement item of forward building purchasing contract, and puts forward to several practical items. And finally offers some views to improve the items of the building forward purchasing contract.The text emphasized to add some items which protect the right to know the truth and give the relative disgusts about the contents of items protecting the right to learn the truth and the guarantee to the rights.The fourth part is the analysis of the disputes about the forward commodity house contract and the solutions to them.This part analyses the causes to the disputes and offers the judgment way of thinking taking the practical disputes as the foot hold according to different types of disputes. First, analyze the article 3rd of The Merchandise Building Judicatory Explain which rectifies the deadlock rule of the article 15th of The Way to the Merchandise Building Sale Management and put forward if the advertisement has the following condition and then it should be taken as offer First, the seller has made a clear statement and within the scope of development to program of house and its facilities .Second, the promise is concrete and certain.Third,The promise has the important influence certainly to the commodity building contract dealing and its price .The next in order, points out that the contents of the contract will change with the development of the work project in green area, capacity rate, community function, and sunlight right etc. End, point out the assize trend of this kind of case .The second is commodity building area dispute. First, discussed the reason of this kind of dispute,and categorize the reasons as follows:the reasonable error from the building process reason :the adjustment of calculation policy ,the variety of design ,invalid area reason, area dispute from the set price, dispute from the calculation about shared area. The next in order, aiming at the different dispute type, put forward the standpoint to the above-mentioned dispute applying the current law. The third dispute is the consigning dispute for the commodity building. To start with various standpoints about consigning condition,the text puts forward the merchandise building to consign should match two kinds of condition.One is a legal condition, and it's contents is that the project has already finished and qualified to its function. The development company must provide The Residence Quality Control Book and Residence Usage Manual as duty to purchaser. But the condition of engagement in contract refers to type of house, direction,layer number,as to the engagement of its facilities and the environment. The next in order, analyzes the affirm of delay to consign . and analyzes how the force majored and the principle of matters to change at the same time apply to delay consignation. Finally points out that depending on the current law,the influence of the delay consignation is the purchaser's right to relieve the contract and claim for the remedy for loss. Category 4 is a merchandise building quantity dispute which can be divided into two types of basic dispute, namely one is general quantity problem and the other is serious problems influencing normally live. The next in order, discusses the important quantity problem which can be divided into two, one is the house corpus structure's quantity problem, extending to the foundation also at inside. The other type is so serious that it influences owner's life. To handle this kind of dispute is difficult for lacking united standard, so focus on the judgment way of thinking of the dispute Category 5 is the dispute from repair. First points out that development company uses sample product building as a advertisement, rather than the standard , and hence settle down the contents for repair in the contract is necessary. The next in order, points out that the rule for twice indemnification originating from the modern contract item 1 article 13th, and because of market price is a variety, makes this standard difficult to handle, therefore, the text suggests the relatively fixed breach of contract should be made. End, focuses on the way of solving the air quality dispute. From two the individual cases,the text announces to handle this kind of case should apply relevant implement theories in The Contract Law ,and analyzes the necessity that the air quantity standard should be included in construction engineering checks .