A Study On The Legal System Of Protecting The Rights And Interests Of Pre - Purchase Of Commercial Housing In China Under The Restricted Order

The implementation of the purchase restriction order directly impacts the rights and interests between the buyers and sellers of commercial housing, and especially challenges the rights and interests of the pre-buyers who are in the weak position. Under the special period of the implementation of purchase restriction order, this paper focuses on how to evaluate and solve these new problems to protect the rights and interests of the pre-buyers of commercial housing.This paper is divided into five chapters. By means of analyzing the legal system and legitimacy of purchase restriction order, this paper proposes to perfect the law from respects of the legal system for the protection of pre-buyers’ rights and interests and its coordinated system.Chapter One introduces the development and contents of purchase restriction order, and analyzed this measure from the aspect of jurisprudence. It puts forward the legal basis and reasonableness for purchase restriction order.Chapter Two analyzes the imbalance status of the rights and interests between the buyers and sellers, and points out that the real estate developers and pre-buyers are the unbalanced parties. The real estate developers cause damages to the rights and interests of the pre-buyers when evade the purchase restriction order, while the pre-buyers are faced with new legal risk during the course of evading the order.Chapter Three illustrates the legal system of purchase restriction order, and analyzes a series of disputes and risks caused by the restriction rules from the practical cases, including the disputes caused by the housing purchase qualification, and loan restriction policy.Chapter Four analyzes the purchase restriction clauses from the practical angles. The purchase restriction clauses are legal in form. In practice, however, the developers always modify the purchase restriction clauses and add certain clauses which are beneficial to its own, which are then turned into standard terms. Therefore, this chapter indicates to restrict the purchase restriction clause abusing behavior through adjusting the pre-sale contract. Chapter Five puts forward to perfect the legal system of rights and interests of pre-buyers of commercial housing from four respects including legislation, administration, judiciary and society. On the basis of legal system perfection, it is suggested to impose real estate tax, raise the interest rate, and enhance the installation proportion, etc, which will protect the rights and interests of the pre-buyers.