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The Investigation Report Of H District About The Deal Contract Of Commodity Houses For Overdue Property Certificate Liability For Breach Of Contract Disputes

Posted on:2016-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:P LiFull Text:PDF
GTID:2296330482454430Subject:Law
Abstract/Summary:PDF Full Text Request
The development of the real estate market in the ascendant, the sale of real estate has evolved from a novelty to a mass consumer phenomenon. Between the time and the historical development of the relationship between the real estate market on the comprehensive laws, regulations rarely appear. "Interpretation of the trial of real estate contract dispute case law applicable to a number of issues," in 2003 the Supreme Court issued its implementation, is one of the most controversial Article 18, and Article 19.At the same time many of the legal part of the contents of the existing provisions of the relatively vague, many elements of the definition is unknown, can not satisfy the justice applicable to all cases. There are many misconceptions lead to practice, and then real estate sales market in chaos, endless disputes.For example, "real estate sale of judicial interpretation" inconsistent due to developers Rush obligations and deadlines and "urban real estate development and management regulations";Identification the causes of inconsistent standards seller;Nor for liquidated damages is too low or the agreement is unclear, and no agreement on how to define reasonable. Therefore, in order to maintain order and security transaction meet the requirements of judicial practice, and promote the healthy development of real estate transactions, In this paper, the basic situation of H District Court from 2010 to 2013 for the sale of commercial real estate license overdue cases conducted by research report, analysis of real estate sales contracts overdue real estate license to handle such cases the reasons caused, find out the crux of the point of the case. I think it should be made clear judicial interpretation Rush period, and a ppropriate restrictions on the maximum time the developer to submit relevant documents;The reason for the definition of the seller should be clearly defined to exclude fault liability applies, and the accreditation due to delay government action classified as force majeure; In the penalty also should increase the amount of the statutory default, and the burden of proof clearly defined. Through these recommendations hoping to improve the provisions of the contract of sale real estate license overdue questions on the legal level, and can achieve a stable, orderly and healthy development of the real estate market.
Keywords/Search Tags:Real Estate Sales Contracts, The Deadline for Real Estate, License Real Estate License, Obligations Reasonable Period of Time, Liquidated Damages
PDF Full Text Request
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