Typical Commercial Housing Sales Contract Dispute Case Analysis

With the further development of commercial housing market in China, thecommercial housing sale is becoming a hot spot of social attention, and in the processof commodity house business is also more and more disputes arising therefore.Due tothe relevant laws and regulations in the field of real estate market is not sound, theapplicable law in the judicial practice for a level have many confused and puzzled, tothe interests of the parties to protect the judgment of the lack of unified dimension,the same type of disputes in different local court will appear different processingresults, even opposite decisions, causing chaos of judicial referee.Based on theparticularity of commercial housing sales and construction, the disputes betweenbuyers and developers are often in the same real estate projects have thecharacteristics of the group, while buyers usually adopt the mode of collective humanrights with the developers to have negotiation, a great hidden danger to socialstability.Through the typical case analysis of common commercial housing salescontract dispute, we will find that the theory of single disputes between individualproperty buyers and developers, legal relationship looks be like simple, but in factbehind the case usually involves many buyers and huge benefits, the buyer argued,developers for error, between the two sides on the law applicable to a full game.Gamebehind the refraction is the buying and selling of house in China, the legal protectionsystem of legislation is not enough, is an urgent need to achieve real estate law asearly as possible in the strengthening and improvement of the legislation.China’scurrent real estate law basis " constitution ", mainly from the "land management law "," general principles of civil law ", city planning law " and other relevant laws andregulations, at the same time, many of the departmental rules and local legislation hasalso been involved in real estate law system construction. The current real estatelegislation regulation and the system is very complicated and hard to avoid conflictand overlaps the scene appears, so that the civil rights by administrative power toomuch interference, and caused the excessive expansion of state authority, real estateowners should have the right is " logical " occurrence atrophy and weakness. China’sreal estate and real estate and market although the formation because of thisattachment strong management of color system and the legislative achievement andbenefit from the legislation, ut our country’s real estate market is system of socialist market economy under the background of increasingly perfect gradually tends toregulate, a large number of commercial housing and commercial buildings, ceaselessemerge in large numbers. Therefore, China’s real estate law will have to realize itsfunction transformation, and then by the original management function to servicefunction, which means the protection of property rights of the legitimate rights ofequality, adjust sale transaction relations of interest. This will lead to real estate lawin legislation ideas, theoretical basis, guiding ideology, change, and this kind ofchange is the current real estate law transitional shows.