Research The Subscription Contract's Legal Matter Of The Commodity Apartment

Subscription contract is awritten agreement,frequently used in sales of commercial building property. It is the subscription that at a certain time in the future the buyer negotiates with the developer to sign the real contract. It is the subscription that both sides have the rights and obligations to talk over with it. Subscription contract is not the real purchase contract, or sub-contract of the purchase contract. It can only be identified as a booking of the purchase contract. It should be determined based on the principle of fairness booking tha rights and obligations of both sides. Most people don't have much knowledge of its nature and contents,thus leading many civil disputes. Starting with the basic concerns, as the nature,effectiveness and responsibilities of breaching a subscription contract, this paper analyzed and holds that: From its nature, subscription contract is the subscripting document before both buyer and seller sign the real estate subscripting sale or sales contract.After signing the subscription contract, subscriber will be referred to certain reservations gold or deposit and he agrees to sign the purchase contract with developer in a certain period of time. In this time, developer should reserve the specific house, no subscribing, subscribingsale or sales to others. In the subscription contract, usually default provisions are included. Through analysis of practice and theory,the legal nature of real estate subscription contract should normally be identified as booking contract. The effectiveness of subscription contracts should be differentiated: if the main contents of purchase contract are not included in the subscription contract, "must consult" could be applied; if the main contents are included, "to the parties said" should be applied. Finally in this paper, we believe that the parties went back on what had been agreed in the subscription contract; No faith in consultations; Malicious consultations, and concealing important or providing facts associated with the formation of a contract; Or any other acts contrary to the principle of good faith. Thus lead to sales contracts failed to enter into, thus constitute the breach of subscription, and thus should bear the corresponding legal liability. Here we also made our statements on the specific issues as deposit, the actual performance and compensation for damages.