Analysis Of The Legal System Of Real Estate Sale

Since China began reform of the housing system in 1982, the implementation of the commercialization of the real estate industry has been considerable development. By the sale of commercial real estate development enterprises have helped raise funds with the existing housing sales compared with a price advantage. Now the real estate market has become the main form of commercial sale of the trading system.But our laws on the sale of real estate have been lagged. The existing laws and regulations are from the perspective of this administration, and appear to be inadequate for the protection of the rights purchaser. The extent of commercial disputes and the sale of the property market increased litigation.This paper focuses on the legal nature of the analysis of real estate sales contract, notice of a registration system for real estate sale contract and punitive damages system applied in the field of real estate sale contracts with the legal aspects of the reform measures. The full text is divided into three sections.The first chapter, I introduction the origin of the system and sale of commercial real estate developments in our country profiles in brief.And I further analysis of the nature of real estate sales contract.Although house is not the subject of pre-completion of the construction contract, it could not immediately make reselling property. However,"from the future" may become the subject of a contract for the sale, the contract between the sales of a property sale. Reselling made to obtain a contract to sell the house look right. There is a right to expect claims,but with the right features is a right of the creditor, Due to the immediate right is made, and in the process has become uncertain due to changing conditions. It should be protected by law. Chapter 2, Construct the sale of real estate registration system envisaged notice. Reselling only request for the right to claim the right to acquire real estate, which is still unable to obtain property,therefore, the effect of property sales contract can be protected. To ensure that access to housing is the purpose of reselling, and it is necessary to pre-register in advance house, only in reselling the claim of the right to request, given its confrontation on the effectiveness of a third person, and the preservation of property rights and the effect of bankruptcy protection order effect, the reselling of property claims.Therefore, My house is absolutely necessary to pre-existing contract for the sale of real estate registration system transformation notice registration system Construction of China's pre-registration system also house a notice of the proposed legislation.ChapterⅢof the application areas of our country house sale of punitive damages analysis of the practical aspects of the legal system.Because punitive damages victims in the compensation system can also be punished and curb illegal activities from occurring again. Credit lower real estate enterprises in China, real estate developments in the area of frequent fraud cases, The Supreme People's Court issued judicial interpretations. Malicious fraud and breach of the provisions of the following circumstances may impose double the compensation paid houses.However, judicial interpretations of the scope of application, the amount of compensation and other aspects of the imperfect, the authors analyze the light, reflect the views and be perfect.