Research On Some Legal Problems About The Exclusive Selling Of Commercial Housing

The exclusive selling of commercial housing is the action of contracting and selling commercial housing, in which the underwriter, in the name of the real estate developer, contracts and sells commercial housing developed by the developer during the agreed contract period, pays the fund to the developer in accordance with the appointment and get the fund which exceeds the appointment. After the time limit of exclusive selling, the underwriter will purchase the commercial housing that has not been sold.This dissertation takes off from the concept and legal characteristics of the exclusive selling of commercial housing, analyzes its current situation of legislation and legal problems, based on the study of its legal nature. Moreover, the dissertation brings forward disposal advice and legislative proposals about some specific legal issues. In addition to the preface and conclusion, this paper is divided into four chapters.Chapter 1: The overview of the exclusive selling of commercial housing. Firstly, this chapter parses the definition of the exclusive selling of commercial housing, secondly discusses the inevitability of the rise of it, and thirdly, analyzes its four characteristics.Chapter 2: The legal nature of the exclusive selling of commercial housing. Firstly, in this chapter the writer introduces the four different viewpoints on the nature. Secondly considers that the theory of unnamed contract is the most reasonable viewpoint through comparing and analyzing those four perspectives. Thirdly, the writer further elaborates the legal basis of the reasonableness of the theory of unnamed contract and thinks that this theory solves the plight of the shortage of coverage of the original theory and in line with the spirit of the contract law, clears the application of the law.Chapter 3: Related legislation about the exclusive selling of commercial housing in China and existing problems. Based on the cognizance of the unnamed contract in chapter 2, the writer gives an analysis of the current situation of legislation in China and furthermore puts forward the problems in the legislation. Chapter 4: Several practical issues of the exclusive selling of commercial housing. Based on the analysis of current legislative problems in chapter 3, this chapter selects specific legal issues at three aspects to parse: the problem of underwriter's qualification as subject; developer sells the commercial housing that would be soled by the underwriter; terminating the contract of the exclusive selling. Among those, the chapter focuses on analyzing the problems of underwriter's qualification as subject and furthermore puts forward legislative proposals.