Research On The Legal Issues About The Golf Memberships Transfer

Golf has been developed in China for 32 years, nearly ninety percent of golf clubs adopt the mode of membership,sales memberships is the main economic source.Since 2004,under the influence of national policy, the development of golf industry has been restricted,the membership of the populations reduced, instead of pushing the second-hand market of active membership.In market circulation,but the used membership have a lot of obstacles.Investigate its reason,on the one hand is the membership transfer program.According to industry practices,golf membership must pass through the club allows and then take a transfer,but the club during the transfer of qualifications, the standard is not clear.On the other hand, the membership members enjoy the rights and interests,second-hand membership is difficult to enjoy equal rights with one-hand membership, and these restrictions in the articles of association of member and clear rules.The membership of general court in dealing with disputes in the law of the People’s Republic of China contract law regulation, but golf membership with the particularity of earnings, complete set law does not completely solve the legal disputes.In this paper, the membership transfer Angle as the breakthrough point, from the golf membership by the club, through the intermediary transfer two ways for clues, comb golf membership in the transfer of legal relationship, analysis and study of which involves different legal nature of the contract.Combined with practical cases and disputes arising from the evidence, and study under the policy, member’s rights relief way.Therefore, the analysis of "transfer", not only can enrich the research results of the membership card, but also gives some suggestions for solving disputes.This article adopts literature research and empirical analysis to study the golf membership assignment problem. Innovative: first of all,it reflects in the perspective of innovation to the membership transfer as the breakthrough point, through the club and the mediation transfer two ways for clues, analysis of the different legal nature of the contract.Secondly, the nature of golf honorary membership, has the characteristics of for-profit and identity is defined and cannot be transferred. Under the policy, member’s rights relief way.Full text is divided into four parts.The first part is an overview of golf membership transfer. At the first,it is the main reflected in the particularity of golf membership.Membership in the club’s position is different, and the ways to get are diversity. On the basis of defining the membership and the membership card similarities and differences in transfer and the transfer of creditor’s rights.Membership of the appreciation of the value is what the general membership card doesnot have, and involves the various main, transfer of more complicated. With the analysis of the creditor’s rights transfer, mainly reflected in the membership transfer contract, the contract become effective elements is registered, not reaching agreement between parties transfer contract can take effect, both parties shall make registration at the club, creditor’s rights transfer occurred. Transfer of creditor’s rights and creditor’s rights transfer unless laws and regulations should go through the approval and registration procedures, otherwise do not need to use a special way of the public.The second part is the study about golf membership through the club transfer legal relationship and legal nature. In individual membership and the unit membership both cases are discussed, under the individual membership of mortgage as a new mode of the membership, membership by the club as non-negotiable, to this question, and combining the installment of the contract of transfer of ownership of the theoretical analysis.The unit membership transfer research mainly concentrated in the body of the assignee under the cancellation of the membership qualifications and bankruptcy transfer trend.The third part is the study about the golf membership through mediation transfer contract nature and legal relationship. Through the analysis of the theory of three different brokerage contract says the conclusions. Lists the membership mediation as a broker of obligations, and to discuss the club and membership companies as a broker for the membership transfer legal effect.The fourth part mainly studies the situation about when the policy changes,the membership transfer value way of relief. Respectively from the actual performance of the three aspects, the termination of the contract and damages were analyzed, and introduced the relevant provisions of existing laws in our country, and combining with the related provisions of foreign legislation. Reference to the latest on the housing prices in Shanghai,the interpretation of the rise in the Numbers of default, calling for better protection for the membership in the transfer of the interests of the main body, establish perfect industry standards, promote the development of golf.Through the golf membership problems arising from the transfer of research, the most important is aiming at members rights. When laws and regulations is not clear, it should follow international practice and industry standards.Fully protect the membership transfer of rights and interests of both sides is conducive to the development of golf industry.