On The Effect Of Pre-contract Of Commercial Housing And Its Liability For Breach Of Contract

With the rapid development of China's real estate market,pre-contracts has become more and more widely applicable in the field of commercial housing.However,due to our "Contract Law" does not expressly stipulate the pre-contract system,leading to a large number of controversy in the theory of appointment and judicial practice.So we need to strengthen legal research in order to improve the legal effect on pre-contract of commercial housing and breach of contract responsibility.There are six parts in this article:The first part,issues are raised.Combined with the current legislation and judicial practice,focusing on the current pre-contract of commercial housing defects exist for the specific basis for laying the foundation.The second part,the basic theory of the pre-contract of commercial housing,including the change of the pre-contract and the theoretical basis of the pre-contract of the commercial housing,they are the concept of freedom of contract and the concept of good faith.The third part,comparison of the pre-contract of commercial housing and related concepts,including the identification of the letter of intent with the subscription,with the pre-sale contract analysis,with the conditional contract analysis.The fourth part,the effect of pre-contract of commercial housing,mainly to discuss the theory must be negotiated,should be contracted theory,content decision theory,as the theory of this.Combined with China's legislation and judicial practice,put forward the combination of subjective and objective theory,while arguing the legitimacy of the theory.The fifth part,liability for breach of contract about pre-contract of commercial housing,including continue to perform and compensation for damages.For the way to continue to perform,it should be from the perspective of subjective interpretation,the first to explore the real estate business buyers subjective meaning,distinguish between different situations,respectively,for consultation or contract.As to the scope of damages should be defined within the scope of the interests of the trust,generally should not include the interests of the opportunity.In addition,taking into account pre-contract of commercial housing is a nameless contract,but also should be applicable to the "contract" the general provisions of the provisions,so this paper that the responsibility for breach of contract and liquidated damages should also be applied to pre-contract of commercial housing t.The sixth part,conclusion.Combined with the previous discussion,I make recommendations on the effectiveness of pre-contract of commercial housing and the liability for breach of contract.