The Research On Legal Effects About Pre-contract Of Commercial Housing Sales

In the field of commercial housing sales, people choose to sign the pre-contract of commercial housing sales very often. Due to its characteristics, the pre-contract of commercial housing sales may trigger disputes affecting the purpose of a deal. However, the laws of our country and their interpretations of the Supreme People’s Court don’t involve too much about the pre-contract. To some extent, we may not have enough grounds to judge related cases. Exploring problems of legal effects about this kind of contract is getting to know legal obligations of parties and legal liabilities they may face. Solving those problems is a path for us to get out of plights.I think we should determine legal effects about this kind of contract in the subjective and objective aspects. First of all, we should respect wills of contracting parties. We should give priorities to the special agreement. Without special agreement, we should determine the true meanings of parties by the external appearance such as their transaction behaviors. Finally, in the absence of external appearance, we can use the level of details of the trading content in the pre-contract of commercial housing sales to confirm its legal effects. I think with these 3 steps, we can accurately identify obligations of this kind of contract, and then determine liabilities for breach of it.The paper is divided into five chapters:Firstly, I decide to introduce two real civil cases. Through introducing backgrounds of those cases I will show problems concerned. In the second part, I will introduce the definitions of the pre-contract and philosophical bases about this kind of contract. Then I will introduce the regulations on pre-contracts all around the world. In the third part of the essay, I plan to introduce the different views of legal effects about pre-contract in the field of commercial housing sales and then show my opinions based on those civil cases. In the fourth chapter, I decide to show my views about liabilities for breach of pre-contracts in the field of commercial housing sales. Lastly, I plan to draw a conclusion of my opinions.