Research Into The Subscription For Commercial Buildings

Strictly speaking,the subscription certificates for commercial housing,is not s legal concept or a term which has been defined clearly.With development of real estate market in China,especially the wide acceptance of the presellment of commercial buildings,the subscription for commercial buildings becomes used progressively.Since Chinese laws on the subscription certificate do not define clearly,there exist different understanding both in jurisprudence and in judicial practice of its content,nature,effectiveness,deposite and responsibility bearing.In this paper,the author firstly introduces the meaning and features of the subscription certificates for commercial housing,and puts the importance on analysis the feature of the subscription certificates for commercial housing.When it comes to the nature of a subscription certificate,most people think it should be an appointment contract.But some others think it an attached contract to a commercial housing sale contract or a commercial housing sale contract itself.Still others regard it as a letter of intent without binding force or an offer.A chapter discussed the methods of remedies for breaking the subscription for commercial buildings is set.Under the existing framework of the law of contract,they include deposit punishment rule,compensate for losses,compulsory performance,breach of contract damages.Besides,the other importance of this paper is the solution way of the disputes of the subscription certificates for commercial housing.In the last chapter,the author takes the focus on discussing the following content:The government and the competent authorities should provide the support of corresponding legislative to perfect the corresponding system; The judiciary should tend to protect the interests of housing buyers;Non-governmental organizations also should play their corresponding role;Real estate developers should keep the integrity to the formation of industry standards;the buyers should enhance the legal awareness.In the last chapter the author suggests that existing Chinese legislation shall endorse the validities of the precontract.It will enrich the connotation of contract and improve the system of contract law in China.At last,the author proposes to develop the regulation over precontract in the framework of contract law in China.Thereby to promote the healthy development of the market of commercial housing sales.