Houses For Sale Notice Of A Registration System

Nowadays, in the pre-sale process of commercial housing, in terms of pre-buyer, because of commercial housing ownership uncertainty, have more risk than the existing house buyer. Developers in this process undoubtedly have a strong position, and by virtue of their market dominance, developers recklessly infringed the rights of pre-buyers. For developers'default and breach, pre-buyer can only claim the credit claim as a legal relief, when the abuse comes from a third person other than the developer, pre-buyers credit claims will be difficult to seek legal relief. This phenomenon is due to China's current law of the pre-sale contract registration system is merely a means of administration, and It is provides pre-sale registration is only an administrative obligations of the developer but not pre-buyers'rights. These would be unable to fight against the third person, this is not fair to pre-buyers, also have made vulnerable pre-buyer in a more passive position. Therefore I believe that it is necessary to refer vormerkung provision at article 20 in Property Law to establish the vormerkung system of pre-sale commercial housing. Only through the vormerkung, make the pre-buyers'rights of credit on pre-sale of commercial housing to be the pre-buyers'rights of property. It can apply for pre-sale of commercial housing after vormerkung into the scope of protection of property law, and establish vormerkung as a right to pre-buyer, which protect the claim of credit in the content of property changes in the process of pre-sale commercial housing, but the conclusion of the contract has not yet reached its purpose.These papers from the practical problems of commercial housing developments are proceeding on pre-existing legal system of commercial housing analysis and research. Based on the use of empirical analysis, pointed out that the pre-sale of commercial housing exist in the pre-sale registration process and system deficiencies related theories, the author with legal practice and theory of the pre-sale of commercial housing to explore the differences, a careful and detailed comparative analysis and argument in simple terms, by drawing on domestic and international legal experts and scholars on the pre-sale of commercial housing theories, culminating in the conclusions of innovative:Through legislation to establish China's vormerkung system for commercial housings to give the pre-sale commercial housing the effect of quasi-property rights to protect the rights of pre-buyer against third party infringement so as to truly protect the interests of pre-buyer.I try from the following four aspects to be studied:Firstly, the theoretical study of existing data and actual case, based on a clear grasp of our existing system of commercial housing pre-sale registration status and theoretical disputes, and strive to prescribe the right medicine to find out the existing system and the theory of defects;Secondly, raised the central issue based on the first part of the argument, the establishment of vormerkung system for pre-sale commercial housing, and further analysis demonstrated the significance of the establishment of this system; Thirdly, noticed the introduction of vormerkung system to establish the theoretical basis, from the vormerkung's nature and effect to start, and provide vormerkung system for pre-sale commercial housing as a theoretical basis;Finally, I hope that through the existing legal system, drawing on relevant experience and foreign-related theory and identify pre-sales of commercial housing in China to establish a vormerkung system for notice of legislative measures and a legal remedy.