Analysis Of Sales Contract

With the acceleration of China's reform and opening up, establishment of system of land use by compensation, our country's real estate business attains a rapid development since the early years of 1990's and consequently a new term, which is called commercial housing, has emerged. Commercial housing is often classified into spot-transacting house and advance-booking house that is usually called "selling story flower". The advance booking originated from Hong Kong Li Xing Estate Company in 1954. Because the exploitation of real estate needs large capital and long turnover period, the advance booking is gradually taken as an effective method for raising funds by real estate exploiter. From coastal cities to throughout the country, except very few provinces, all real estate markets have the greatest esteem for it at present. The advance sale of commercial housing system in our country only has a little law to work. According to the problems existing in the system in our country, it provides the value intention, the legislation mode and the selection in our country's registration system, and at last, gives out the writer's constructive viewpoints in perfecting the system in our country.The paper falls three parts.First part introduces the advance sale of commercial housing system' implication, traits and nature, and gives out the different form the contract of advance sale of commercial house to others contract.The second part introduces the implication, traits and nature of the "Registration of Caution." Meanwhile, there are many points needed to consummate in our country's "Registration of Caution". To prefect lawmaking, combined with the counter part of Germany, Japan and Taiwan, We try to discuss the integration of this system and the Chinese jurisprudence in effectiveness, extension and claim of Registration of Caution. This part analyzes the defects of the legal stipulation about the prior announcing registration system in the advance sale of commercial housing, and puts forward that the perfect solution should consider such three problems as: applicant of registration; effect of registration; termination of prior announcing registration.The last part introduces the person changes of the contract. For instance, one person or both persons concerned might have changed. Changes in the persons concerned assume two possibilities: change in the seller of a future commercial apartment and changes in the persons involved in future commercial apartment contracts and the transfer of future commercial apartments. Solutions to the respective problems are also proposed.