Some Legal Problems Sale Of Real Estate Transfer

In China, Commercial housing is divideded into two kinds of existing homes and expected sale housing. Experted sale housing refers to the authority license sale and completed the acceptance of real estate. According to real estate industry experts said, from a real estate sale, that ultimately submitted to the general cycle for two years.The longer time gap that may produce the larger the value of the difference between the foreseeable economic which interests to further promote and the sale of commercial housing turnover. Therefore, as a special commodity, the sale of commercial housing exchange the facing problems in the real estate market that has become a major practical issues that can not be avoided.In this paper, it starts from the traditional theory of the law of obligations, which combined with the relevant provisions of the Contract Law in China, a comprehensive analysis and discussion of related legal issues. Specifically, the sale of commercial housing for saling. The passage is the paper consists of four parts.The first part, the saling of commercial housing for legal attribute analysis. Leading to the theorists debate the nature of the sale of commercial housing for sale behavior through the specific cases, and obtained that the demonstration of pre-sale real estate transfer contract which is the conclusion of the transfer behavior of the debt. Meanwhile, according to the contract law provisions of the debt transfer, the pre-purchaser fulfills the obligation to pay consideration and determine the sale of commercial housing for saling that only to have the assignment of claims and debts broad transfer of two cases.The second part, the pre-sale of real estate transfer contracts entered, the analysis of the effectiveness about the real estate sale contract.The pre-sale consent, which notices of the transfer contract on the sale of commercial housing transfer contract to determine only the effectiveness of the real estate sale contract is to affect the transfer of the contract entered into on the premise. According to the general theory of the notice of assignment of claims from the subject, the nature of the way, the object focus on the notice of the contract of sale of commercial housing for saling.The third part, the analysis of the effectiveness about the pre-sale real estate transfer contract. Legal Analysis on the validity of the contract of saling for commercial housing, the feasibility proof of the transfer about the contract effective. Meanwhile, three prevalent forms of transactions for the saling commercial housing transaction process, namely the pre-order form of agreement, with the entry into force of the contract for the sale in the form and the form of contract for the transfer of a full analysis of the impact of the sale of commercial housing transfer contract, drawn that only to the contract for sale way to sell the sale of commercial housing will affect the validity of the contract of assignment of claims conclusion.The forth part, the analysis is effectiveness of the pre-sale real estate transfer contract. In China, the real property transfer registration doctrine. Fully demonstrated through the analysis of the registration of the notice of registration and real estate sale contract, the registration of the notice of registration of the pre-sale of commercial housing and real estate sale contract be liable for transfer contract impact.