Study Of The Legal Problems Of The Real Estate Sale Contract

Since the Preselling System of Commercial Housing came into force, there has always been lots of disputes over the advantages and disadvantages of its market values. For real-estate companies, the system can be very effective in market financing and risk passing; meanwhile, thanks to the system, apartment buyers can have the trade relationship established in advance by paying in installment, so as to prearrange a commodity and avoid risks caused by the ups and downs of prices. However, during the enforcement of the introduced system, people only focus on its promotive effects at the initial developing stage in real-estate market but give little reasonable analysis to the system from the aspect of law, so that its legal characteristics, the inherent defects and the requirement for a concomitant limitation system haven't been fully analysed. Consequently clashes over interests and risks of performing the contracts thereunder cannot be controlled and regulated in an effective manner.Based on those problems arising in practising the Preselling System of Commercial Housing, this thesis figures out the essence of such contracts from the facet of legal characteristics. Though to some extent, this kind of contracts are similar to the contacts of housing construction entrusted futures exchange, precontracts and the contracts subject to a time of expiration, yet they are still contracts of sales. On the basis of comparison and contrast between the Preselling Contracts of Commercial Housing, and relevant contracts as well as consideration of characteristics in the preselling contract itself, it can be safely said that this kind of contracts can be legally defined as contracts of sales with attributes of future performance.Pre-Registration System is, in the traditional civil law, a special system of propertizing protection on the right of credit claim. The thesis states own views on its legislative values through introduction and comparative study of legislative cases in foreign traditional civil law, and also association with the defects of our currentPre-Registration System in the Preselling Contracts of Commercial Housing, i.e, the defects in attributes of executive supervision and in legislative protection of the private-property owners' benifits and interests. With the improvement in immobilis-dealing contracts, the right of credit claim is expected to receive special legislative protection. The article suggests that Pre-Registration System in traditional civil law should be used to perfect the channels in the protection of creditors' benefets and interests in preselling contracts, as well as avoiding contract risks effectively, stresses that the system aims to protect expected benifits and interests in the preselling contracts of immobilis dealing and to provide a special legislative protection system in case of any contract risks.After a comprehensive analysis of causes of risks in the Preselling Contracts of Commercial Housing, the article points out the imperfect limitation system and specific risks in faith, market, policy and system, stresses the importance of Information-Disclosing System to the precaution of contract risks and governmental regulation of information unbalance should be perfected, and puts forward suggestions on the legal arrangement of respective responsibilities when unbalance has occured in subjects' economic situations .