The Research On Some Legal Issues In The Commodity Estate Forward-Sale

With the deepgoing of the market economy and the lifting of people's life quality, there are higher and higher demands of real estates. The value of real estates is not only for living but also for exchange. The system of commodity estate forward-sale has been established in China, but we didn't pay much attention to the legal issues of this system and the laws on this system are not enough in our legal system, for example, the character of the commodity estate forward-sale contract, the rights and obligations involved in the contract, the forenotice registration system ,the transfer of the forward-sale contract and ect.Because the lack of research and laws, this thesis begins with analyzing the importance of the commodity estate forward-sale system, mainly analyze and research the characters of the forward-sale contract, the rights and obligations, the forenotice registration system and the possibility of the transfer of contracts. The author hopes that we can have a clearer view of the commodity estate forward-sale, deeper understanding of it's nature through this thesis. Further more, the author hopes this thesis can have a good effect on the commodity estate forward-sale system, which can help the construction of our harmony society.There are five parts of this thesis:The first part analyze the input of the commodity estate forward-sale system, embody the characters and functions of the system through comparing with the welfare estate system. The second part discuss the definition and characters of the commodity estate forward-sale contract and advance the view of the author. Third part analyze the characters of the forward-sale subject-matter, the rights and obligations, the author advance that the subject–matter of this contract is a kind of anticipation right, and the unfairness of rights and obligations. The fourth part discuss the forenotice registration system, embody the importance of the system through analyzing the definition, effects, conditions of it ,and show the lack of regulations in our legal system. The fifth part discuss the transfer of the commodity estate forward-sale contract, and express that this transfer shoulder be allowed in China.The new views of this thesis are as below:1,Advance the view of the special characters of the commodity estate forward-sale contract;2,Define the subject-matter of the forward-sale contract as a kind right of anticipation, embody the unfairness of rights and obligations;3,Discuss the essence of the forenotice registration system;4,Consider that the transfer of forward-sale contract should be allowed in our country.