Real Estate Sale Contract, The Legal Nature Of Research

The advance sale of commercial housing has became one kind of housing selling forms which are generally used in China's commercial housing market, and advance sale contract of commercial housing is the core content of it. Advance sale contract of commercial housing means the contract that the seller sells the commercial house that is being built to the buyer, at the same time, the buyer pays the money to the seller according to the contract, the certain house will be made available to the buyer at the future stipulated time, and the buyer will obtain the property right to the house after the house being approved by the certain authoritative organization. Based on the present regulatory laws, regulations, from the angle of legal theory, combining the problems existing in the judicial practices, this article talks about the problem of advance sale contract's legal nature of commercial housing, which consists of four parts as follows:Part one summarizes advance sale contract of commercial housing, analyzing and comparing several theories about the concept and features of advance sale contract of commercial housing.Part two analyzes advance sale contract's legal nature of commercial housing, in the writer's view, contracting parties' behavior still belong to behavior of buying and selling, and gives out the different form the contract of advance sale of commercial house to others contract. Advance sale contract belongs to the future handing over contact, contract's subject matter is the commercial house that is being built.Part three analyzes the legal nature of the present registration system of China, and point out the legal nature of the present registration system is county's administration behavior and measure and isn't the necessary condition of confirming the contract potency through comparing with the system of preliminary noticing registrationPart four analyzes the legal nature of pre-buyers' rights after preliminary noticing registration and thought that pre-buyer's rights is not the ownership right but priority claims and expectant right which make property rights replace creditor's rights.