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Study On Contract Contract For Commercial Housing

Posted on:2016-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:L G HanFull Text:PDF
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Due to the characteristics of the market economy, traders not only could enjoy the opportunities of the market economy, but also had to bear greater risk and competition. The rapid development of economic globalization, trade in the form of continuous innovation, making uncertain market conditions, trading opportunities fleeting. Only the rights and obligations of both parties to be fixed as soon as possible a deal intention, we can effectively protect their business interests. However, some legal provisions and the fact that sometimes became obstacles hinder traders agreement in accordance with their wishes. Some appear to be called until the memo, letter of intent, the framework agreement, the subscription contract appointment books, these obstacles only to be ruled out. This form of contract has been widely used in real estate transactions.Throughout the country’s civil law, in 2003 the Supreme Court promulgated the "Supreme Court to hear contract dispute case law applicable to the interpretation of the problem", "Contract Law" Only some sale contract, the provisions of the contract of sale; and " Civil Law " can be seen only honest fair and equitable principles of credit principles and broad applicability. These laws and regulations, provisions are too vague generalities content statute, Practice is not strong enough. This makes judicial appointments in the trial of real estate transactions for the subscription book character finds unclear, etc. are not allowed to deposit principle applies, resulting in inconsistent judicial decisions. In my opinion, the solution lies in the establishment and improvement of the system of appointment of the contract, and only so in order to ensure consistency of the administration of justice. Therefore, this article attempts to discuss our appointment system of commercial and research around the appointment of commercial contracts concluded that the effectiveness and the setting up of elaborate. This article from multiple angles, the concept of real estate contract appointment, characteristics, significance, determination and effectiveness are discussed and analyzed the current situation of China’s real estate transactions. Proposed appointment of commercial contracts should be used as a stand-alone contract system in the application and practice of view.This paper is divided into three parts:Part I: the main start from a specific case, leads to the concept and characteristics of reserve contracts, and learn to identify real estate reservation contract People’s Republic of China Supreme People’s Court gives his own views and opinions; this section also housing reservation contracts with similar contracts make a distinction, including with the sale of commercial housing subscription book, letter of intent, sale contracts are compared; then clarify the concept of real estate reservation contract.Part II: This part analyzes the legislation on real estate at home and abroad reservation contract, including common law and civil law in the different provisions for appointment; analysis and evaluation of several theories about the commercial nature of the reservation contract, mainly Parties that the consultations that distinguish said so on; force and the establishment of conditions for real estate reservation contracts were analyzed, focusing on the establishment of conditions for real estate reservation contract and the entry into force.Part III: This part analyzes the commercial reservation contract system in our country’s development, and analyze the legislation and the problems that exist in the judicial practice. According to the problems existing in some personal thoughts, ideas should improve the judicial interpretation of the sale of real estate, commercial thinning found on the reservation contract, breach of content responsibility.
Keywords/Search Tags:Reservation contract, commercial housing sales contracts, liability for breach contract
PDF Full Text Request
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