On The Effectiveness Of The Sale Of Commercial Housing Assignment

The transfer of advanced-sale commercial houses also called“Chao Louhua”is a legal action.It means pucheser sells the advanced-sale commercial houses he bought to others before the houses are completed.With the fast development of the real estate business of China,this bind of legal action mentioned above is becoming a regular phenomenon and takes a major portion in the whole business of real estate. Meanwhile with the constant rise of both the prices of commercial houses and the giant commecial intrests generatid from the long peried of time before the house are completed,the transfer of advanced-sale commecial houses is becoming a significant issue to the development of China’s real estate marketThe disputes around this issue falls mainly into the theory of real right and the theory of obligatory right.I explored the nature of the action with start from the froditional theories of obligatory rights with eyes related legislation.The disputes around this issue falls mainly into the theory of real right and the theory of obligatory right.I explored the nature of the action with start from the frditional theories of obligatory rights with eyes on related legislationThe article falls into 4 parts.Part 1:Introduction of a relevant case and its main disputes.Part2:Introduction of relevant.Theories for the discussion of the case mentioned in Part1.With the companrence of the reales right theory and the obligatory right theory,the conclusion supporting the obligatory right transfer behavior of debts transfer contract of debts.From the different degrees of the buyer to perform its obligations under the contract,Divided into three kinds of situations:Creditor’s rights transfer、Debt summary transfer、Debt burden of debt.Part3:Anaiyois of the main displites of cases focusing on the influnce of factors,such as the registration of advance-sale contract to transfer contract and the rights and obligations under different circumstances.Part4:Thoughts on conditions for the entry into force of the sale of commercial housing assignment contract.