Punitive Damages Mechanism In The Real Estate Sales Contracts

With the conduct of the process of urbanization, a large number of people to obtain housing through the purchase of real estate, it is a lot of real estate sales contracts to produce, along with these real estate sales contracts, and generate a lot of trading disputes between the parties to the contract safeguard the legitimate rights and interests of both sides, in order to deal with these disputes, the interpretation of the case law applicable to a number of issues on the trial of the real estate sales contracts disputes enacted, but the "interpretation" can not be fully applicable to the sale of real estate disputes, judicial practice, especially commercial housing sales contract punitive damages in the application of, there are many problems to be worth to explore. As the preliminary definition of punitive damages, which refers to a form of compensation of the victims in the People’s Court in the amount of compensation beyond the actual amount of losses, as opposed to compensatory damages. Punitive damages with the following three functions mainly compensation function, sanctions, function and containment functions. Affected by the legal thinking of the former Soviet Union, China in the field of private law disputes can not be applicable to punitive damages, but only to compensatory damages. With the development of market economy, people gradually accepted theory of punitive damages for common-law system, realize that in some areas of private law, adhere to the principle of compensatory damages can better protect victims of contract rights."Consumer Law" introduced to establish the punitive damages system into our legislation, and with the increase in real estate sales contracts disputes, real estate applicability of punitive damages,"Consumer Law" theorists have some controversy, but eventually With the introduction of the "interpretation" come to an end. At the same time set forth the conditions of some commercial housing buyer in punitive damages when encountered in the purchase contract disputes at the theoretical level.There are some certain problems as well as some features in the commodity premises sales and purchase contracts of punitive damages in judicial practice in China when apply punitive damages such as the sale of real estate in the mortgage process,"the room selling more" among the first buyer in the buyer rights issues, the sale of real estate sale in legal issues. To solve the above problem, from the point of author, the proposed system concept and perfect measures of punitive damages applies in the real estate sales contracts. Such as the establishment of the sale of real estate-related information disclosure and mandatory filing system, start the norms of punitive damages, the administration of justice scales grasp, and further provide a reference for the real estate sales contracts punitive damages practice and legislative.