Study On The Precontract Of Commercial Buildings Sales

In recent years, with the development of real estate market in China, the subscription for commercial buildings becomes being used progressively, and raises many controversies. The substance of subscription for commercial buildings is a precontract of commercial buildings sales.The thesis does research on some legal problems basing on the introduction of the theory on precontract and the practice of commercial buildings sales, and then arrives to the conclusion that the precontract of commercial buildings sales is one kind of preliminary agreement with open terms. After that the thesis goes on to explore the content of the precontract of commercial buildings sales and the liability for breach it.The full paper consists of three parts, as the preface, the main body and the conclusion. The main body is divided into four chapters.The first chapter is the basic theoretic analysis of precontract. It begins with the conception, the characteristics, the classifications, and foreign legislations of precontract, and discusses the relationship between precontract and contract, liability for breach of precontract as well.The second chapter introduces the background knowledge of practice of precontract of commercial buildings sales. It contains three parts. The first part is about the usage of precontract of commercial buildings sales in the whole progress of real estate exploitation. The second part discusses the relationship between precontract of commercial buildings sales and the subscription for commercial buildings. And the third part shows necessary articles of precontract of commercial buildings sales.The third chapter is mainly about the content and the effect of the precontract of commercial buildings sales. Based on the above analysis, the conclusion appears that precontract of commercial buildings sales is one kind of preliminary agreements with open terms. So, both parties of precontract of commercial buildings sales bear the obligations to negotiate in good faith and to sign the contract after negotiation. Following all above, the thesis demonstrates forms of liability for breach of the precontract, and what effect the rule of frustration of contract will have on the precontract.The forth chapter is about practical utilization of this theory on precontract of commercial buildings sales. The author puts forward a simple conclusion of the theory of precontract of commercial buildings sales, and then does some empirical analysis on several real cases using the theory. At the end of this thesis, the author gives an answer to the question whether this theory will create a shock to the pre-sale license system. The answer is not.