A Study On Legal Problems Of Real Estate Transaction Contract

Abstract:Feng Mou and Liu Mou dispute are based on the real estate trade, dispute focus:continuing trading said and removing with the deal said. Continuing trading said refers to continue to perform the contract. Its optimum method reason lies in the "contract law" the107th regulation. Implementation in real estate property rights transfer can’t achieve. Removing with the deal said refers to terminate the contract between parties. There are five theories about the effectiveness of the termination of the contract:direct effect indirect effect, compromise, the debt relationship transform and liquidation settlement. Countries adopt different effectiveness theory will lead that compensation scope is different, our country uses the "direct effect" correction. In China the theoretical circle about the scope of damages incurred after the termination of the contract formed three propositions. Property transactions said termination of the contract based on the principles of freedom of contract, the principle of protection of rights and interests of parties, encourage trade principle theory to set up. Property transactions in the termination of the contract type has agreed to lift and statutory termination, statutory termination including any lifting. The lifting force resolution, breach of contract and anticipatory breach. The different types of termination of the contract the scope of damage compensation is different. The case should adhere to removing with the deal said. damages incurred after the termination of the contract should contain to get profit and interests should be limited in a reasonable scope and a calculation is made according to certain standards. Suggestion about eliminating barriers to trading contract performance of continuing trading said, statutory established real estate appraisal institution, setting up the property transaction market risk awareness.