Analysis On Legal Problems Of Commercial Housing Subscription Agreement

The subscription agreement of commercial housing is common in the transaction process of commercial housing. Usually because of the law or the facts, property developers and property buyers can’t immediately sign the formal contract, but for fixing future trading houses they sign a written agreement named the subscription agreement of commercial housing. Along with the development of market economy and commercial housing sales, subscription agreement of commercial has been widely used, followed by related purchase dispute. At present our country’s "general principles of the civil law" and "contract law" did not involve the subscription agreement of commercial. Only article 4, article 5 of the commercial housing sales contract dispute cases to explain some issues of applicable law on the commercial housing subscription agreement enacted by the supreme people’s court in 2003, and the justice is of great significance. But in practice for the complexity of the subscription agreement disputes, the above law is too principle, and the judicial trial has brought many difficulties. This paper first summarizes dispute focus in the using the subscription agreement of commercial housing, then aiming at these issues one by one to analysis, and put forward relevant Suggestions, so as to provide reference for justice and related legislation.This article is divided into three parts, as follows:The first part is the practice of the subscription agreement of commercial housing. Firstly two judicial reference are instanced, and are analysed preliminarily. Then, this part summarized the common issues, namely, the nature of the commercial housing subscription agreement? Effect how? After signing the commercial housing subscription agreement by the two sides to sign a formal commercial housing sales contract, how to bear the responsibility?The second part is the basic definition of the practice of the subscription agreement of commercial housing. This part firstly, briefly introduces the meaning of commercial housing subscription agreement. After, it analyses the legal nature of subscription agreement of commercial housing. The legal nature is pre-contract, and from two aspects of theoretical basis and legislative basis for the argument. Next, is the effectiveness of the subscription agreement of commercial housing This part emphatically elaborated has not signed when get the license for advance sale of commercial housing subscription agreement is valid. The effectiveness of the subscription agreement shall strictly accord to the provisions of "contract law" article 52 and not base on the corresponding laws of the pre-commodity house sale. Finally, it is assuming responsibility for the commercial housing subscription agreement. Violatin responsibility nature of the commercial housing subscription agreement shall bear the corresponding liability for breach of contract, as well as the three default relief way has carried on the detailed analysis, including the deposit liability under the condition of different subject selection, how to apply continuing to perform and how to define the scope of damage compensation liability.The third part is the relevant legislative Suggestions of perfecting the subscription agreement of commercial housing. This part has made the rationalization proposal about related legislation of the subscription agreement of commercial housing in our country, including confirming the nature of pre-contract, clearing the components of the subscription agreement, perfecting legal relief way, formulating unified text of the subscription agreement of commercial housing.