The Research On The Legal Issues Of The Advance-sale Commercial Housing Transfer

In recent years, the transfer of the advance-sale commercial housing is abnormal active with the climbing up of commercial house price. After the pre-sale person and the pre-purchaser signed the contract of the advance-sale commercial housing transfer, the pre-seller may transfer the relevant rights and obligations of the contract.Whether the advance-sale commercial housing can be transferred, these is no direct legal provisions about it. Most of the laws and regulations about the advance-sale commercial housing transfer are departmental regulations or local laws, these regulations or laws are inconsistent and even conflict. so the advance-sale commercial housing which can be transferred without any system obstacle is very difficult in practice because of the lack of the theoretics research. based on the principle of freedom of contract and《the Urban Real Estate Management Law》which is amended in 2007 Article 46, so the transfer is feasible and effective.The transfer of the advance-sale commercial housing may produce prodigious risk, this thesis will provide relevant law and policy proposals to make the transfer successful, and also to promote the healthy development of housing market and make the social stability and harmony.