Legal Research, Pre-sale Real Estate For Sale

Speculation in housing presales, commonly known as "Chao Lou Hua", originated from Hong Kong and later was introduced to mainland. In the late of 1990s, the trade market of real estate in our country has been brisk and prosperous day by day. The presale of commercial housing has been the most popular way of sale, and the speculation expanded. At that time, the local governments were positive to it, and some even encouraged the practice. However, in recent years, with the constant increase of housing prices, the trade market of real estate is particularly vigorous. Some people attribute this to the practice of speculating in housing presales. Therefore, this practice should been limited, even been forbidden.There are great divergences in theory on whether the speculation is allowed, as well as the ways in practice. Because of the prudent attitude hold by the government towards the value selection and positioning of speculation in housing presales, and the lack of direct norm about legislation, the understanding and action vary among local governments. Some are even inconsistent, which leads to the disorder of the trade market of real estate. Therefore, it is necessary to study the concerned laws thoroughly.Firstly, the thesis proceeds from the current situation of speculation in housing presales in our country, analyses different theories, points out that some local governments operate it impractically and illegally, and specifies legality, necessity, actuality of the speculation practice . Secondly, the thesis analyses the theoretical basis and corrects the deviation of "Creditor's Rights or /and Debt "theory and "Real Right Transfer" theory .The thesis redefines the legal nature and sets the keynote for improvement of legal systems. Thirdly, through the analysis of the current laws and regulations, the thesis points out the parts demanding prompt solution, and analysesthe concerned register and record systems, and then elaborates the necessity of introduction of advance notice for registration systems. Finally, the thesis gives specific suggestions on the improvement of legal systems and concerned measures of perfection of speculation in housing presales.