Research On Commercial Housing Subscription Contract

Along with our country economy sustained, stable growth, people's per capita income also has a certain improvement, people's life is becoming more and more rich, housing problem has become the primary problem of most families, therefore, the commercial property market is hot. Commercial housing market fast changing, however, for the vast number of real estate developers, business opportunities are mortal; For the person that buy a house, also hope to early conclusion of the contract that buy a house, a fixed housing trading opportunities, to avoid in the future because of unfavorable factors such as interference policy, prices rise, therefore, the commercial housing subscription contract arises at the historic moment, and a large number of applications in real life.Commercial housing subscription contract is currently widely used in commodity house opens to booking a transaction, a unique style of legal documents, is signed between the seller and the buyer prior to the sale and purchase contract concluded by the buyers and sellers of the documents used to constraints. In real life, because of the commercial housing subscription also caused a lot of dispute, at present in our country "law of contract", "sales of commercial property management approach" and other laws and regulations in the relevant concepts of no subscription contract. In March 2012, the Supreme People's Court on the trial of the case law applicable "contract disputes the interpretation of" second for the first time in law formally recognized the appointment contract, clearly the nature of commercial housing for the contract belongs to the appointment contract. However, the legal provisions of the current law of our country to contract for commercial housing still seldom, resulting in the practice of solving the commercial housing for the contract dispute is still very difficult.This paper innovation lies in, the first is based on our current law, on the existing research results, using comprehensive analysis method, analysis of the Common law system and Civil law countries to make an appointment and relevant scholars point of view, which is helpful to build our reservation theory, apply to the reality in our country legislation and points of view to Ghana. Secondly, on this basis, using the balanced interests analysis method, combining with the current occurred in the real life of the commercial housing subscription contract dispute case, the legal effect in the contract of commodity house subscribe problem, breach of contract of commodity house subscribe the legal responsibility and relief ways for further discussion, a more thorough analysis of these problems, and aimed at developers a strong position in the process of trading, the present situation of the weak position of the person that buy a house, expect to make in the process of commodity house opens to booking commodity house subscribe more equal status between the two sides; The rights and obligations more reasonable; Profit distribution more fair; The entire market trading behavior more legitimate. Finally, expect to be able to practice to solve our country's commercial housing subscription contract dispute with a little help, as well as provide a little reference for future reservation legislation in China.