Commercial Housing Subscription Contract System Research

Commercial housing subscription contract system as an important content in the commercial housing pre-sale system has an important role in the development of real estate economy. As commodity house opens to booking system at the end of the 80’s were introduced to the mainland, the commercial housing subscription contract as a way to determine the existing trading opportunities, receive real estate developers and home buyers, its development has great potential and prospect.Contract of commodity house subscribe and commodity house opens to booking a contract is the commodity house opens to booking system widely used and easy to be confused of two kinds of contracts. After understanding of general characteristics of the subscription contract on a comparison of its and open to booking a contract to determined the nature of the subscription contract, to explore the significance of subscription contract, perfect the subscription contract has very important significance. Two kinds of contract in contract main body, content, nature, for the implementation of the contract, liability for breach of contract and has a significant difference between the default relief.Commercial housing subscription contract belongs to precontract, nameless contract, format contract, so in terms of its legal status has been regulated in contract law should be used, according to the principle of the regulation of specific provisions of contract law to explore the subscription contract classification rules and regulations of the contract, the contract law basic principle regulation, the establishment of the law of contract effectiveness implementation regulation, the specific theory of contract law on the liability for breach of regulations.Practice about the subscription contract dispute case there, the judges lack has occurred in the practical work of law can be in distress situation, the existence of the commercial housing subscription contract has a very realistic meaning and function, but the laws and regulations to subscribe to a lack of the relevant provisions of the contract. As the booking is not the legal nature of the legal guarantee of a clear, in violation of the subscription contract legal relief way there is no law to determine the direction. To solve these problems put forward to speed up the subscription contract legislation work, strengthen national perfect opinions to subscribe the contract regulation and so on, to promote the development of the commercial housing subscription contract system and even the entire real estate market has a realistic significance.