Commodity House Rights Protection

With the development of real estates market new forms of transaction are continuously appearing, one of which is pre-sale of commercial building. To seller, the pre-sale can accelerate the turn-over of capital, reduce capital cost; to buyer, it can sensibly reduce his payment pressure, that's why the pre-sale of commercial building is widely accepted both by real estates business and ordinary buyers, and it has become the mainstreaming form of commercial building transaction.Everything has two sides. From its process of transaction, its long cycle of performance implies big risk and uncertainty; from the perspective of transaction subjects, the disparity between pre-seller and pre-buyer in terms of transaction information, economic power makes pre-buyer vulnerable to injury from pre-seller; from the perspective of external environment, the retardation of related legislation and the loose supervision of responsible institutions make the illegal acts hurting the pre-buyers more frequent.The objective of this article is to explore, under current legal system, focusing on the interests of pre-buyers, the mechanism of protection and to advance some ideas for the refinement of commercial building pre-buyers' interests. With 45000 Chinese characters, this article consists of 3 parts, besides introduction and conclusion.Part I : Pre-sale of commercial building and interests of pre- buyers. Firstly, an examination of concept, characteristics of commercial building pre-sale and that of concerned parties and their rights and duties; Based upon which, article explores in detail the nature and establishment of pre-buyers' interests, and analyzes some typical acts in practice, which injure the interests of pre-buyers. Focusing on fraudulent acts and contract breaching acts, such as publication of false advertising, concealing of material truth concerning pre-sale, two sales for one building, retardation of delivery, design change without consent, article advances the solutions to injury suffered by pre-buyers. Taking into account of conflict betweenthe pre-buyers' interests and that of other debtors, article analyses the conflict of interests between mortgages and pre-buyers , and reaches the following conclusion: the focus of regulating above mentioned conflicts is not to define whose interest is priority but to avoid systematically the occurrence of interest conflict through intervention of legislation or administrative power.Part II; exploration of mechanism for pre-buyers interests. Firstly article advances the support and precondition for effective protection of pre-buyers: refinement of commercial building pre-sale contract, with the theory of perfect contract in economics, article explores the piratical solution to pre-sale contract, finding out which points don't satisfy the conditions, and refining the pre-sale contract through reinforcement of individual reason for transaction parties, reduction of information asymmetry, lowering of transaction costs. Based upon which, article explores the preservation to interests of pre-buyers in contract law through analyze of concerned stipulations in contract law (contracting negligence, anticipatory breach of contract, change of circumstances, form clauses). Article points out: protection of contract law provides only an internal preservation to interests, to attaining the good protective effects, it needs imperatively external protection besides contract, that's the intervention of economic law and the methods of economic law (regulation on pre-sale market administration on intermediary agency of real estates, on pre-sale advertising). Finally, a summery evaluation to protection mechanism of pre-buyers interests, point out the orientation to refinement of protection of pre-buyers' interests.PartIII: Refinement of protection mechanism of pre-buyers' interests. Facial the current in-sufficiency of protection of commercial building pre-buyers' interests, article advances the measures and legislative proposals for commercial building pre-buyers' interests pro...