Comment On The Case Of Real Estate Underwriting Contract Between Jin He Company And Zhu

With the development of the real estate industry, real estate underwriting thisnew marketing approach in the market has become extremely common,Legal Disputeswhich also increases.Legal underwriting behavior is not specific and obviousrequirements, coupled with some of the legal provisions which are still a lot ofcontroversy in the application in the the Contract Law.In the administration of justicepractice,it is often difficult to deal with complex difficult cases and to balance theinterests of the parties.This selected case comes from reality due to the underwritingof commercial property disputes arising.The presence of academia has differentpoints of view to the "Contract Law" Article96.In this case whether the Jin Hecompany has the right to bring the confirmation notice to terminate the contracteffective litigation, the two sides also have different views.By analyzing I think thatJin He company has the right to sue in the other objection and ask the court to confirmits effectiveness to issue a notice of contract termination. Jin He company has thequalification of the plaintiff. In addition, the author draws on related cases, as well aslegal theory that the real estate underwriting contract should not be considered anagency agreement, but should be classified in the innominate contract, with referenceto the provisions of the General Civil Code for processing.In this case, Zhu did notbreak the contract.He can exercise of the right of defense for the breach of contract byJin He company. Whether the defaulting party to exercise the right of cancellation ofthe contract,there are different views in academia.General theory think that the onlynon-defaulting can enjoy the right of cancellation of the contract, but throughanalysis I believe that the non-defaulting party can also exercise the right ofcancellation of the contract.Specific to this case Jin He company make the breach ofcontract, but he can still terminate the contract to end their partnership, only Jin Hecompany should bear the corresponding liability for his behavior.