Research On Legal Issues Of Commercial Housing Reservation Form

Driven by the economic globalization, the transaction form of China’s socialist market economy has also witnessed considerable development. Lots of transactions highlight the characteristics of long-term and complexity, which make the conclusion of a transaction not as simple as in the past. Traditional contract rules of offer and acceptance have been difficult to adapt to a very lengthy and complex transaction process. Pre-contract as a new form of consultation has been widely used in all kinds of economic activities, especially in the process of commercial housing reservation, in which real estate companies and buyers are mostly willing to sign a single reservation form of commercial housing for obtaining the transaction opportunities, in order to conclude a formal commercial housing sales contract in the future. However, the current law of our country does not clearly define the nature of the reservation form, its legal effect and related responsibilities. Only in March2012, the Supreme People’s Court approved a new Judicial Interpretation-Relating to the problem of how to apply the law in the trial of Sales Contract dispute case, which for the first time stipulated that the reservation form or reservation book, and other forms of agreement can be a pre-contract. The Judicial Interpretation implied the definition of the pre-contract, and at the same time it stipulated that the violation of the pre-contract should be liable for the breach of contract, but it did not clearly suggest which form of breach liability is. What’s more, there are lots of controversies in practice and theory on whether should adopt the form of compulsory contracting as well as how to ascertain the scope of damage compensation.This paper would analyze a typical commercial housing reservation case, and it would be based on pre-contract theory combining the comprehensive methods of using literature analysis and comparative study to summarize the current controversies of the pre-contract theory. The paper would analyze the deficiency of some theoretical perspectives, and puts forward some own opinions. The writer would discuss what kind of features a pre-contract should have, and what legal effect and legal liabilities would it possess in detail in this paper.The main structure of the thesis is divided into the following three parts:The first part would introduce a typical case of commercial housing reservation form in the Supreme People’s Court Bulletin, and generalize out its the controversial focuses by analysis and research.The second part would analyze the controversial focuses of commercial housing reservation form theoretically and lawfully, and mainly be based on the theory of pre-contract for seeking to clearly define the nature of the reservation form, its legal effect, and the legal responsibility of violating the commercial housing reservation form.The third part would expound the necessity of perfecting the system of pre-contract triggered by the case analyzed in our country, and this part would also combine with the theoretical analysis of the second part for putting forward some legislative suggestions to perfect the system of pre-contract in our country.