Study On Apartment-purchasing Right

The topic of this thesis is Apartment-purchasing right and its related systems.There is a profound social foundation behind the phenomenon of the rights. Civil legal criteria are the legal form of the social living conditions. Only when Legislators realize the nature of the economic relationship and its development trends, conform to them, confirm them, civil law can promote economic development and social progress. The apartment-purchasing right is a grass-roots right rooted in the social life. Starting from the case, this paper is divided into four parts. The first part is the definition of the right to apartment purchasing; the second is legal status and nature; the third is the transfer of the right to apartment purchasing; the last is the protection.Part one: The definition of the apartment-purchasing rightThis part focuses on the concept of the right and its characteristics and background in which it has been used.The apartment-purchasing right is a kind of right which buyers get through the requirements and procedures provided by the Collective of buyers. They sign contracts with real estate development enterprise, buy apartment with lower price than others.The legal relationship has three parties: the buyer, the collective of buyers, and the real estate development enterprise. The collective of buyers has special status. The apartment-purchasing right is dynamic and static shape-stabilized. the dynamic Phase of the right manifested mainly in the form of its constantly changing, and constantly enhance the effectiveness, the increasing economic value; The apartment-purchasing right based on the collective members, only as the members of the collective buyers can enjoy the right; The essence of the right is property interests, there are two components of the interests: the right of housing ownership and the value of the apartment-purchasing right itself; the apartment- purchasing right is a right to claim rights. It can be set up and request to others. The concept of the right is used in three situations: housing construction within units, the purchase of house within units, Individual Cooperative Building-construction. This section introduced concepts and a feature of them, pointed out that housing construction within units is economically suitable housing, it is not a civil right.Part two: The legal status and nature of apartment-purchasing rightFrom the perspective of economics and legal jurisprudence, this part shows the reasonability, and summarized the nature of the apartment-purchasing right.Started from the game theory, through the establishment of the Prisoner's Dilemma model, this part proves that buyers can survive when they stay together in the real estate market; the apartment-purchasing right has special significance to the collective of buyers. Because of it, buyers can get together freely, financial security is assured. The exposition of Jurisprudence perspective focused on elements of the statutory right, the apartment-purchasing right has the majority of elements: the pursuit of interests, qualifications, and the scale of liberty, the apartment-purchasing right should be legally recognized. The research on the nature of the apartment-purchasing right is to position the right in the right system. In this part the author clear the apartment-purchasing right. First of all, the apartment-purchasing right is a property, because of the nature of the right, it can be measured by money, can be transferred, inheritance, abandoned. Therefore, the apartment-purchasing right is a property. Second, although the apartment-purchasing right is based on a member of collective. Third, the apartment-purchasing right is a right of expectation.Part three: the circulation of the apartment-purchasing rightThis part focuses on the circulation of the apartment-purchasing right's significance, the means of formula and restrictions on the circulation of the apartment-purchasing right.We can find support from the Coase Theory: To ensure the efficiency of law, we should remove the obstacles of the transformation. Hence we need to free the transfer of right. "Water does not rot", "households are not on the rust". Transfer them is the main circulation mode. The publicity of the right is the guarantee of smooth circulation. The nature of the right and the characteristics of the real estate market make it. Started from the world's existing registration system (contract registration system, rights and Torunce registration system), this part constructed the publicity system of the apartment-purchasing right: the registration should be dynamic, contract should be registered. The transformation of the right is limited; it must follow the law and the charter of the dual requirements.Part four: the protection of the apartment-purchasing rightthis part discussed from many perspectives the type of the apartment-purchasing right's disputes and the principles and modalities of the protection, and so on. The legal relations of the apartment-purchasing right are natural dispute-legal relations. Because of the motility and complexity of legal relations, the unpredictability of housing property, the real estate market price fluctuations interests the parties more susceptible to default drive, the apartment-purchasing right to Housing ownership cycle, longer than any other. In reality the disputes mainly laid on "one of the two land sales," realizing dispute, grade determining disputes, breach of contract disputes. In addition to the general principle of good faith and safeguarding the safety of transactions, it is important to compliance with the new concept of equality and the trading principles. The apartment-purchasing right protections mainly take the form of administrative law, contract law protection, tort law; property rights protection is also available.Prospects conclude this part of the legal system's future development. The solution lies in social housing cooperative. Social housing cooperatives is not new things, in foreign countries they have centuries-old history .The establishment of a social-housing cooperatives will be the apartment-purchasing right's senior state.