Study On The Legal Problems Of Pre-contract For Commercial Housing

Pre-contract for commercial housing is developers and buyers agreed to enter into the commercial housing sales contracts before the house was built. In the sale of commercial housing, it often tends to recognize the existence of intent, books, order books, internal protocol etc. Under normal circumstances, pre-contract for commercial housing is used to agree that the two sides signed a formal contract when the given conditions are satisfied. In some cases, when the pre-contract for commercial housing to meet the "commercial housing sales contracts judicial interpretation" of the provisions of article fifth, it can be recognized as a formal commercial housing sales contracts. In accordance with this standard, a series of legal problems appeared in the trial of the court, such as how to determine the nature of pre-contract for commercial housing, how to determine the breach of contract responsibility, how to fulfill the contract, how to determine the scope of compensation liability.This article hopes to find a way to solve these problems.This paper is divided into five parts for the requirement of the article.The first part is introduction. It will introduce the legal background of pre-contract for commercial housing disputes.The second part is the basic theory of pre-contract for commercial housing. Mainly to analyze the concept, legal characteristics, legal validity and other issues of pre-contract for commercial housing.The third part is a comparative study of pre-contract for commercial housing between different foreign countries. By understanding the legal status of foreign countries to solve the problem of China’s legal system.The fourth part is the analysis of the legal issues of China’s pre-contract for commercial housing. From the real existence of pre-contract for commercial housing dispute cases, summed up the types of legal disputes, therefore sort out the existing problems in the judicial decision.The fifth part is the legal way to solve the disputes of pre-contract for commercial housing in our country. According to the problems existing in the administration of justice, and find out the determination of pre-contract for commercial housing property, determine the nature of liability for breach of contract, clear the way to continue to perform the contract and determine the scope of compensation of breach of contract. Finally comparison of pre-contract for commercial housing and commercial housing sales contracts in different aspects of the compensation for the breach of contract, to determine the particularity of pre-contract for commercial housing compensation.