Research Of Transfer Of Commercial Housing Sold In Advance

As the typical method of sales of commercial housing and the main way of development finance, advance sale have played an important role in the rapid development of real estate market. However, because of its inherent nature and characters, while playing its positive role, advance sale has drawbacks and risks not to be ignored. The transfer of commercial housing sold in advance is clearly the most legal related and the weakest link in this system.The right of transfer of commercial housing sold in advance is based on the contract for advance sale. There is no definite rule as to the nature of this kind of contract in Chinese law. In this dissertation, it is defined as forward delivery contract. Its object is also special in that it is anticipatory right for future ownership, which is credit with nature of real right when it is registered and has the legal effect against the third party. Therefore, the transferability of commercial housing sold in advance has its deep economics and legal basis. The transfer of commercial housing sold in advance is in essential the change of subject of contract. In order to have legal effect, it should meet many particular conditions. The conditions in the case of mortgage are not consistent with those in the case without mortgage. The preliminary registration of advance sale of commercial housing and the registration of transfer are only administrative means. This kind of registration is only for reference and much differs from the formal system of preliminary registration in the subject, content, liability, and legislative purposes. So it is suggested that the true system of preliminary registration for advance sale of commercial housing be established; and on the basis of this, various kinds of conflicts of interests during the transfer of commercial housing sold in advance can be solved.