The Research Of Legal Problems Of Appointment Contracts In The Sale Of Commercial Housing

Appointment is a corresponding concept to contract, appointment is appointmentcontract, contract is formal contract, appointment contract is a contract that the twoparty arrange to establish a formal contract in a certain period of time, theappointment contract of commercial housing is the preliminary agreement thatestablished by developers and prospective buyers for the commercial housing salescontracts.The appointment contract and appointment contract of commercial housing arenot be involved by <<Contract Law>>and<<Civil Law>>, the article fourth and fifthof <<Commercial contract dispute cases on the trial of a number of issues ofinterpretation applicable law>> in2003regulates the referee in the case of housingseller accepting deposit or purchase from the prospective buyer, it does not regulatethe sale of commercial housing appointment contract system clearly, the articlesecond of <<interpretation of the Supreme People’s Court on the law applicablecontract cases>> in2012July creates the regulation about appointment contract ofcommercial housing to a certain extent, but it is very brief and is hard to work, thetwo judicial interpretations have less conhesion, it results in hard assurance ofdivision between appointment contract of commercial housing and contract.There is relationship between appointment contract of commercial housing andcontract, but there is not the master-slave relationship, appointment is independentcontract, the identification of appointment contract of commercial housing is not onlyrelied on the content whether determined, it’s detemined by the two party have clearwill to establish a formal contract of commercial housing in future, in order toestablish appointment contract of commercial housing, it not only has the basicelements of subject qualification、true meaning、lawful content、legal form, it alsohas four basic characteristics of desirability、binding force、certainty、time limiting.The obligation of cash and delivery is the standard that judge appointment contract ofcommercial housing or formal contract of commercial housing, the effect ofappointment is order to obligate the parties to negotiate to establish a formal contract,the existing value of appointment system is different from contracting negligenceliability system, the compensation for damage of violation of appointment isdetermined by the period of contract, pay attention to the causality and the rule of predictability between breach of contract and compensation for damage.It effects only produce debt in appointment contract of commercial housing, itshall not act against the third party, if the reservation seller sells the reservationsubject matter to the third party, the reservation buyer may not advocate the salecontract invalid, therefore,in violation of the sale of commercial housing pre contractliability of breach of contract cannot be enforced, but only for damages and otherliability forms.China’s current appointment contract of commercial housing sales provisions isnot clear also not overall, it is necessary and urgent to perfect the legislation work.