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The Improvement Of Real Estate Interests Of Consumers

Posted on:2008-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2206360242472162Subject:Economic Law
Abstract/Summary:PDF Full Text Request
This article is divided into three parts, except the preface and the ending.The first part deals with the meaning and characteristic of consumer rights about commercial residential buildings(CRB). Firstly, the author analyies the meaning of consumer rights about CRB. While doing so, the step_by_step method is used. Through the analysis of the concept of consumer, the anthor first gives us a clear definition of CRB consumer. Then it introduces the meaning of consumer rights about CRB. At last, by contrasting with the common consumer right and considering the characteristic of CRB business, the author summerizes the features of consumer rights about CRB.The second part analyses the common fact that consumer rights about CRB is always damaged. This article classifies the phenomenon according to the three steps of CRB business. More questions appear at the first step: the advance booking of CRB. And we can see it in three aspects: the sales advertisement of CRB, the signment of subscribing agreement, the unfair clause in the advance booking contract. The second step is one at which CRB is delivered and put in use. Three questions are involved at this step: the delayed delivery the dispntes on the area of the house and its quality. The last step is one at which the real estate right certificate is filed. At the time the damages are two: the certificate can not be handled in time because of the insufficiency of the dealer's formalities, the dealer illegally the building for the second time, which makes the buyer fail in going through the formalities.The thirt part of this article is concerning the consummation of consumer rights about CRB which is its main part. Firstly, the author suggests consummating the advance booking system of CRB. At present many arguments over the cancellation of it. The author further sets firth how to consummate the system form the following aspects: further regulating the subscribing agreement of the advance booking of CRB; tighening up the management of the advance booking fund; further consummating its pre-telling and filing system. The author also emphasises that we should reinforce the construction of punishing compensation system. Furthermore, the article mentions that the relative regulations about this system are not sufficient, which we can see in《Explanation on Applicable Laws on Disputes Aricing form CRB Business Contract Made by the Supreme Lourt of PRC》.Finally, the author attempts to discuss the consummation of consumer rights about CRB in terms of legal economics. Firstly, based on the analysis of cost and revenue,the article concludes that we should revolve the problem that the cost of the relief of the consumer rights is high while its interent is low. Secondly, the author says sonething about the fact that the buys can't get as much information as the seller and moral questions are often caused by it is also a basic reason why the consumer rights are always injured by the seller.
Keywords/Search Tags:Consumer rights, Advance booking of CRB, Subscribing agreement, Punishing compensation system, Legal economics
PDF Full Text Request
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