Contract Explanation And The Commercial Housing Synthesis Approval Qualified To Recognize

Commercial housing business becomes one to relate the closest civic action day by day with the ordinary populace. But in "Commercial housing Contract of sales", more and more litigants chooses the synthesis approval qualified the condition which should satisfy as the commercial housing payment. How to“be qualified”, or synthesize the approval of qualification to meet any requirements, this will certainly draw out the commercial housing synthesis approval qualified to be recognized as an intersting question.In order to solve this problem, the domestic scholar divides into two schools, one of the schools advocated towards the direct denial“the commercial housing synthesis approval should be qualified”. Regarding this, the author believed that the behavior of commercial housing contract of sales should be regarded as a civic action, therefore if the country simply denies the civil choice behavior of the litigant would not become sound and reasonable. However, another school of scholar advocated it should formulates a so-called“the commercial housing synthesis approval to recognize qualified the standard”and a series of corresponding legislates, utilizes this standard to recognize that again the commercial housing synthesis approval is qualified. In view of this position, the author passes through after the domestic current law stipulated and the domestic scholar related commercial housing synthesis approval’s elaboration article gives the analytical study believed that uses this formulation the standard to recognize the commercial housing synthesis approval qualified similarly has five aspects, which in the execution main body, the standard flaw, the standard scientific attribute, the standard specific request and the time synchronization and the development has the serious problems, hence they shall not be taken as a solution. Based on this, the author proposed that it is effective to utilize“the contract explained”into the commercial housing synthesis approval.At present, the contract explained that may subdivide into the ontology contract explanation and the methodology contract explanation. In the ontology contract explanation’s elaboration, the author before the utilization“understood that”,“the line of sight back and forth shuttled back and forth”these ontology main theory to be clear has enumerated in the case about“the synthesis approval”a word meaning, thus proved the ontology contract to explain that recognized the question qualified in the solution synthesis approval the feasibility. At the same time, the author believed that although the ontology contract explained that to be recognized the commercial housing synthesis approval qualified has the feasibility theoretically, but it will utilize this explanation to discuss will possibly have the explanation itself theory imperfect. The explanation main body question, fair and the efficiency question and so on three aspect difficult positions, Therefore the author advocated that the methodology contract explained is we current may actual utilize and solve the domestic court or the arbitration facilities qualified recognizes the question about the commercial housing synthesis approval the first choice method. In the methodology contract explanation’s elaboration, the author is clear about the agreement separately through the methodology to the contract“the synthesis approval”the request and has not been clear about the agreement“the synthesis approval”to request two situations the concrete explanation works, solved the commercial housing synthesis approval qualified to recognize the question perfectly. According to the aformentioned that using the methodology contract explained recognized the commercial housing synthesis approval qualified is effective.In the synthesis, the contract interpretive method would not only be effective to address commercial housing synthesis approval qualified has recognized the question, moreover it would be advantageous in“seeks the litigant true meaning”, and maintaining the freedom of contract principle. It will solve the dispute for next judge or the arbitrator to provide reasonably to be possible to supply the reference even to be possible the direct utilization ruling mentality and the ruling method.