| Since the beginning of the21st century, the economy of China develop faster, whichmakes housing system of China has undergo profound changes. With the real estate salegenerally accepted by the people, the real estate subscription book and real estate bookingletter of intent also appear in large numbers in the sale of real estate transactions. As aninstrument,Real estate subscription book is signed by the two parts before they sign a formalreal estate sale contract. The commercial housing subscribe book provide some matters.related. to the trade of a specific commodity housing.There are some scattered provisions of the of commercial housing in the judicialinterpretation, but it fails to clear the nature and effectiveness of the subscriptionbook. However, in the practice of the real estate sale, subscribers and developers oftensign subscription book, and both sides can easily have legal disputes. The resolvalutionof those disputes are quite different between different courts,so it is an urgent need to makeclear statements about the issues related to real estate subscription book,in order to benefitlegal practice. There are little legal provisions of the commercial housing subscriptionbook.considered this, this paper will describe the important problems on real estatesubscription book in theory.And wil briefly talk about how to understand the real estatesubscription book,. And the writer will put forward his own understanding of the real estatesubscription book, such as he nature and effectiveness of the real estate subscription book,Except the Introduction, the paper consists of a total of four parts:There is a introduction of the case analysis of the references in the first part.Thecontents of this part consists of three parts, they are the cause of action, its case, the courtreferee.In the second part, the focus of controversy and the parties’ different views in the casewill be analyzed.And the paper will analyze the first trial,the second trial and retrialcomparatively. And thus Summarized The topics of the papers--the nature and effect of thereal estate subscription book.The third part is specific research focus of the parties to the dispute, combined withtheoretical issues. The contents of the study include three aspects as follow: the legal natureand legal effect of the real estate subscription book and the liability for breach of contract. Then the author will comment on these three aspects and then raise the author’s own point ofview.On the basis of the above analysis,the fourth part is returned to the reference caseanalysis.In this section, the writer will combine some theory in the third section with his ownview to make a conclusive analysis of the case described in the first part. |