On The Application Of Law In The Sale Of Commercial Housing Problem

Along with the development of the house property markets, the disputes among the related people are getting more and more. The reason of that is the Real Property Code of our country is not perfect, so it is emergent to consummate the R/P Code. At present, Constitutional Law,the Civil Code,Regulations of the City R/P,Regulations of the Tract Supervising,Town Planning Code,the Temporary Regulations of the Current Transfers of the Tracts Owned by the Country,a lot of regulations issued by the Branches of the State Departments and local statutes. The present R/P law system , with the character of administrational supervising ,is numerous and jumbled and there are also many conflicts among them. Administrational power has been interfering with civil rights and made the civil rights atrophic, naturally the national administrational power expands hardly. The codes,statutes and regulations have played an important role in the forming of the real property markets. But along with the house property and business buildings well up, the real property market becomes regular, our socialistic market economy's law system also becomes consummated, the function of the R/P Code will transfer from administration to the protection of the obligees'rights , regulating the transfer between the equal parties. And the transfer will result in the changes of the thought of litigation which makes the current Real Property Code temporary.Substantively, the Property Law which defines the ownership is the legal foundation of the transfer of the real properties. The Property Law of our country has not been issued because of a variety of reasons, but the principled regulations of the officially published rogation will surely influence the present Real Property Code, means specializing the principles of the Property Law. This article focus on the application of the codes on the transfer of the house markets, by the conformity of the Property Law and the Real Property Law, brings up the rules of the application of the codes.This article contains five parts, the preface and four chapters, about forty-three thousand words. Starts from the questions of the application of the codes, Chapter 1 concludes the shortcomings of the present Real Property Code, and then brings forth the thoughts about how to make the Real Property Code in conformity with the Property Law. Chapter 2 and chapter 3 elaborate the questions of the application of the codes on the future houses and the houses on hand, the solutions in this article are based on the principles of the rogation. The last part focuses on the ubiquitous repeated sales of the real property, and bring up the solutions under three conditions.