The Legal Comments On The Disputes Of The Life Of Commercial House

If the contract of advance sale has no clear convention of the life of commercial house,the real estate developers take the life of the house unilaterally in the attachment of the annexcontract, but the developers do not give the buyers corresponding explanations in theattachment of the annex contract when the contract was signed. This kind of one-sideprovision is illegal. In essence, the life of commercial house is about its quality, which musebe explained specifically. Both parties can do a supplementary agreement for the life of thehouse following the principle of autonomy, which mustn’t be against laws and regulations. Ifboth parties do not do a supplementary agreement, it should be explained by the contract.Since this case is a format contract, it should focus on fair interpretation principle,unfavorable interpretation principle and objective interpretation principle in explanationprinciple, and the interpretation method should be an additional explanation method. The lifeof commercial house and land-use life are the core value of commercial house, they can notbe separated. According to system interpretation principle, it is the most reasonableinterpretation to explain the life of house by the land-use life. If the life of house is shorterthan the land-use life, it will be against the three interpretation principle and a waste of socialresources. On the contrary, if the life of house is longer than the land-use life, it will not bringso many adverse consequences. Therefore, the life of house should be at least the same as theland-use life.