| Along with the our country economy high speed development, the commodity apartment sells in advance the system to arise at the historic moment. Because the commodity apartment will sell in advance is advantageous collects the construction fund to the real estate management enterprise, is advantageous to the person to reduce the payment pressure, is advantageous to the commodity apartment transaction market prosperity development, therefore will become in our country commodity apartment sale the main form and for a long time last. Because sells in advance the person and purchases in advance the person greatly in aspect and so on economic potentiality is disparate, formed both sides in to sell in advance in the congruent relationship in fact not to be equal, but sold in advance contract itself the legal attribute to cause to purchase in advance the person to fulfill in the contract is at the disadvantageous position, from this purchased in advance the person in to sell in advance in the contract this kind of to decide its rights and interests received the violation possibly greatly to increase. Therefore, how protects purchases in advance person's rights and interests also to become our country commodity apartment to sell in advance the topic which in the system urgently awaits to be solved.This article approximately 40,000 characters, including the introduction, conclusion altogether six chapters.ChapterⅠ: the introduction partially elaborated this article studies goal research technique as well as innovation spot.ChapterⅡ: the commodity apartment sells in advance the system outline. Analyzed has sold in advance the contract the origin, the historical development, the legal attribute, the characteristic as well as sells in advance the contract archery target discussion to the commodity apartment. Is the full text foundation are partial, pointed out purchases in advance person's to have in its legal in contract status formation the agent.ChapterⅢ: thoroughly analyzed the commodity apartment to sell in advance purchases in advance the person to receive the violation the main manifestation and its the origin, pointed out caused to purchase in advance the person rights and interests repeatedly to receive the violation the basic reason to lie in our country correlation law system the flaw and the insufficiency.ChapterⅣ: our country present law system to purchases in advance the person right protection mechanism the discussion. First has analyzed"Reality of laws","Real estate Management Law"as well as"Contract Law"is connected the system to purchase in advance the person right protection the present situation, next proposed the present legal protection mechanism limitation, mainly lies in the limitation for which the contract method equality protection and the real estate management law thick administrative law color brings, thus introduces to the consummation purchases in advance the person right protection mechanism the ponder.ChapterⅤ: the perfect commodity apartment sells in advance the protection mechanism the ponder. Through to sells in advance the funds up ervising and managing system, forces to sell in advance the notarization system, the form provision is suitable the system as well as to purchases in advance the person to provide relief the measure the legislation consummation, achieved causes to purchase in advance the person rights and interests to obtain the basic protection the goal.ChapterⅥ: the conclusion partially carries on the summary to the paper. |
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