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Real Estate Sale, The Sale Of Interests To Protect A Number Of Issues

Posted on:2011-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:J F YangFull Text:PDF
GTID:2206360305959116Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The system of real estate sale in 1954 of Hong Kong's first home company Ericsson. With the rapid development of real estate, real estate sale from the expansion of China's coastal areas to inland. Set of real estate sale and sales financing, both to solve the developer's part of the funding sources, but also meets the buyer's expected housing interest to the market transactions in the "win-win." However, the system real estate sale is due to the existence of housing in the future the subject.of pre-sale purchaser in a contract entered into with the developer housing is still under construction, the developer of the commercial housing in a superior position to grasp information, this information is not on the symmetry, so developers can rely on information superiority, the use of false advertising, fraud, concealing material facts and other means of willfully infringed on the rights of purchaser. The above circumstances, the protection of the interests of this paper, the buyer, real estate sale in the adjustment of legal argument and complexity of the cross based on the three aspects from the discussion on how to improve our real estate sale system to protect the interests of the buyer, to promote the economic development of China's real estate and put forward his viewsThis paper is divided into three chapters.The first part is the introduction. This paper introduces the research background, significance and its research topics elaborated on the methods of this paper to study the ideas and innovations of the proposed real estate sale the buyer how to effectively protect the interests of the central issue.The second part of the system is the real estate sale in China to protect the interests of the buyer, is the thesis of part of the problem. We first discuss the status of the system real estate sale in China and problems, a profound analysis of the interests of our buyer protection Houses Sold in the specific reasons for ineffective; followed by the buyer from the perspective of civil law to protect the interests of the relevant issues, particularly from "Contract Law", "property law" perspective of the buyer to protect the interests of the specific system; further analysis of the country, "Consumer Protection Law" and the interests of Houses Sold in buyer protection related issues, specifically the real estate sale applicable consumer protection law in China; the last analysis on the buyer of Real Estate Management Law of protection of interests, of the real estate development companies to enter the real estate market conditions and sale of commercial housing limited the precondition for the effective protection the interests of the buyer to lay a profound theoretical basis for analysis.The third part is the buyer interest from the perspective of improving the protection system of China's real estate sale, as part of the paper to solve the problem. Learn from Western countries, mainly in the protection of buyer interest in the real estate sale practices, such as the notice registration system, commercial housing mortgage system, the system of punitive damages and use it as reference to the Improvement of the real estate sale system, a number of recommendations at the same time and from the perspective of economic law of the state of the real estate sale market and is designed to fully protect the interests of the buyer to balance housing real estate sale system.Finally is the conclusion, in the description of the basic content of this paper based on the paper were summarized and put forward the views of the author.
Keywords/Search Tags:Preserving of commercial houses, The Interests of prepurehasers, Right Protection, Unbalanced status
PDF Full Text Request
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