| The opportunities and risks are full of the process of the real estate's rapid development, Market circumstances are changing constantly and business opportunities vanish easily, under this situation, fix the business opportunities and define rights and obligations of both sides is favorable way to hunt their interests. Subscription book for commercial buildings as a form of pre-contract emerges quietly and is used widely then.However there is no mature theory to guide it and china's legislative lags behind relatively for this new legal phenomenon, so it causes lots of legal disputes. Both the theory and the practical have different opinions about it; meanwhile the court has difficulty to apply law to try these cases. So it is necessary to research subscription book seriously from the law point of view.The whole paper is divided into five parts:The first one starts with many problems from a real typical case in our life, and then reveals the concept, content and characteristics of the subscription book of commercial buildings, and discusses its legal nature(its legal nature is pre-contract), and finally confirms its legal status.The second part explains the concept and features of pre-contract, compares the different provisions on pre-contract in different countries, analyzes the classification of pre-contract and points out that the subscription book of commercial buildings is a preliminary agreement with open terms.The third one analyzes the elements of establishment and effect of the subscription book of commercial buildings, and discusses the conditions under which it becomes the formal contract for sales of commercial buildings, and explores its binding force to the parties concerned.The forth part comments on the legal liabilities for breaking the subscription book of commercial buildings. The paper agrees that the party who breaks it should take the liability for the breach of contract. And then this part analyzes the ways of remedies for breaking the subscription book of commercial buildings under the existing framework of the contract law, that is, deposit punishment rule, compensation for losses, compulsory performance and breach of contract damages. The last part proposes that our country should establish the legal system of pre-contract to solve the disputes thoroughly caused by the subscription book of commercial buildings. |
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