A Study On The Liability For Breach Of Commercial Housing

Since the reform and opening up, the market economy has been the rapid development of various contract disputes continue to emerge, the traditional way of entering into a contract can not meet the fast-paced and increasingly complex new economic environment, the previous offer and acceptance rules are very lengthy and complicated, as a new appointment consultation in the form of becoming widely used, to quickly and efficiently meet the interests of both parties to the contract demand is particularly important. With the prosperity of the real estate economy, real estate sale and purchase transactions frequently, in order to meet buyers and real estate developers, who need houses, commercial subscription contract came into being, and have been recognized and widely used, its commercial subscription book signing time generally occurs before the contract the parties signed a formal contract for the sale of real estate or the sale contract, the content of the commercial subscription book signed a formal contract is signed by both parties in the upcoming related matters to be agreed in advance, the purpose is to be able to get the first trading opportunities for both parties to successful conclusion after formal commercial contract to lay a solid foundation. However, thereby generating a growing number of disputes and trouble, but our legislation has not kept pace with this emerging and fast pace of development of things commercial subscription contract, tracked the earliest provisions on real estate sales "sales of commercial property management approach" that is, in 2001 by the Ministry of construction for consideration by the State Council, in the sector of real estate sales regulations only some processes, etc. were more general provisions, not to make too much real estate for the book provision while the true sense of housing subscription book for the first time for a more formal provision is introduced in July 2012, "on the trial contract dispute case law applicable to the problem," explained the form that finds Subscription agreement and other contracts for the appointment definitions, and made a point of booking contract. This article is intended to have been made in accordance with the above corresponding provisions in line with theexisting conditions, the nature of real estate for the book, and so on the effectiveness of brief exposition, to express their respective views, hoping to provide some reference for the judicial practice. This paper is divided into six parts.The first chapter introduces the legal nature of commercial housing subscription book,the clear meaning of housing subscription book, describes the current situation of housing legislation subscription, as well as to the legal nature of the commercial subscription contract to define, finally discusses the legal effect of the reservation contract.The second chapter describes the nature of the responsibility of breach of contract commercial subscription, first described the concept of breach of contract, followed by real estate for breach of the Subscription Agreement constitutes breach or negligence of contracting dispute has been described, again in violation of the nature of liability commercial subscription contract will be the finds, this paper argues should bear the liability.The third chapter details the commercial subscription contract actually fulfill its responsibilities in the analysis of actual cases, based on the actual performance of this form of liability of the applicability of the analysis of the theoretical existence of "say for sure" and "negation" Analysis carried out, the final conclusion.The fourth chapter of liability for violations of housing subscription contract discussed, first cited case in practice, and thus triggered a series of Scott, such as the nature of compensation for the loss, and how to calculate the range of other issues.The fifth chapter discusses the violation of housing subscription contract deposit and liquidated damages issue, not only describes the problems arising in practice, and on the specific application deposit and liquidated damages are discussed, in addition, also on the deposit and liquidated damages and use is valid analyze different situations.Chapter VI Liability Principle commercial subscription contract breach and exonerations were discussed.