Real Estate Subscription Book Legal Issues

Real estate subscription widely exist in the commercial housing transactions and It has a essential difference between real estate booking contract and sales contract. In judicial practice, there are variety documents before the real estate development enterprise sign the contract with the buyer, for instance, building order, building intention, building subscription, etc, it cannot be treated as the same and need combined with specific conditions to analyze Whether they constitute an appointment contract. However, in our country,the current laws, titles and judicial cases, cannot solve the problem such as the effectiveness of the commercial housing subscription or default relief, therefore, we need a further discussion to definite it.This article will combine the typical cases of commodity house appointment contract dispute, according to the current legislation, judicial interpretations and relevant legal provisions in our country, analyze the dispute of the commercial housing subscription book binding, deposit dispute and liability for breach of contract dispute, in order to find a unified specification and scale of the referee when the Commodity house appointment contract dispute occurs.The article is divided into five parts:In the first part, we discussed the connotation of the real estate subscription and discriminate it from related concept.The second part make the reservation-contract properties of real estate subscription clear, by analyzing the academic controversy of legal nature of the real estate subscription and system the cognition of the character of real estate subscription of the judicial practice.The third part analyzed the appointment contract law dispute and clear the law of the commercial housing subscription book binding, in the base of the appointment contract nature of real estate subscription.The fourth part clear the dual nature of the real estate subscription deposit, analyses the funds included in the subscription, compared the deposit and advance payment, illustrates the specialty of applicable condition in the real estate subscription and confirm the amount of the deposit.In the last part, it confirm the damage compensation scope of responsibility for breach of contract and discuss the controversy of continue to perform, base on affirming the violation of the real estate subscription nature of legal responsibility.