Commercial Subscription Book And Real Estate Sale Contract Distinction

The real estate market is paid more and more attention and becomes booming in the development of China's market economy. Facing to people's increasing demands on the commercial residencial building, how to regulate the property market in accordance with the law is a problem worth studying. Since China's real estate market doesn't develope well, buyers and sellers are inequal in substance. Because of the interest impulse of a economic man, people pursue the maximization of interest. So there are a lot of disputes between development business and house-buyers in the market transactions. One of the important reasons is the imperfection of the legislation of real estate. And the imperfection can be shown from many aspects. The dedifferentiation between the booking contract and the book of commodity house subscription is one of the important problems. I think that we should make a clear distinction between them and distinguish the two's natures. Only by doing this, it is favourable to reduce the friction, to resolve disputes and differences, to protect contracing parties' legitimate interest, to promote the boom of the real estate market, and finally to promote the development of the whole market economy.The text analyzes the close association between the book of commodity house subscription and the advance sale contract by analyzing a typical case. The article emphatically analyzes the differences between the book of commodity house subscribe and the advance sale contract. I set up a criterion on the basis of distinguishing and this offers certain reference for the legislation's improvement and the judicial referee.There are five parts in my paper. Partâ… is introduction, mainly introducing the case, which a lawyer called Xu Wei offered on awebsite------real estate law practice forum. The case tells a story thathouse-buyer and the property company confuse on the book of commodity house subscription and the booking contract. Both of them did not find the differences and the dispute came into being. This case causes the thinking from the legislation and the judicature. Partâ…¡is to provide the theory background of the relevant problem, and briefly analyze the social practice condition and current theory study situation of the commercial residencial building subscribes for a book and commercial residencial building advance booking contract from the international and the homeland angles.Partâ…¢is analytical thesis priority location. In this part, I compare the booking contract with the book of commodity house subscribe from the following six aspects: treaty content , contract character , contract purpose , fufillment of contract, responsibility of breach of contract and creditor's right nature. I emphasize on the differencees of the two contracts. The book of commodity house subscription and the booking contract are the relation making an appointment and making an appointment with originally. Classifying the book of commodity house subscription further , we can rang it into two kinds: "the reservation which will be in the negotiation " and "the suspension clause ". "the reservation which will be in the negotiation " will not transform to the contract itself, i.e, the book of commodity house subscription will not transform to the booking contract, "the suspension clause " can transform to the contract itself in given conditions, i.e, the book of commodity house subscription will transform to the booking contract when conditions come into being.Partâ…£raises four criteria distinguishing the book of commodity house subscription and the booking contract on the basis of the former analysis. Firstly, the restrictions to qualifications of the contract main body should be different on the criterion of the difference of the qualifications of the main body because of the difference of the the book of commodity house subscription and the booking contract. Secondly, we should regard the classifying criterion of the subscription as the criterion differentiating the book of commodity house subscription and the booking contract. Thirdly, related departments should set up registering system for the book of commodity house subscription . Finally, related departments should set up principled and compulsive criteria on the book of commodity house subscription and the booking contract. If possible we should improve the sale contract modle of residential building and make the contract model of the book of commodity house subscription. This part is the theoretical innovation part of my paper.Partâ…¤briefly analyses the quoted case.