On The Legal Nature And Legal Effect Of Commercial Housing Subscription

Commercial housing subscription book is the product of China's increasingly prosperous real estate economy.Although our country has promulgated some laws to carry on the corresponding stipulation,but our country's law is still very imperfect.This article mainly from the following aspects to determine the commercial housing subscription book:The first part of this article is a case statement,mainly to introduce the case,and then summed up the three controversial focus of the case.The second part of this article is the case analysis;in this part,the first chapter describes the contract signed by the two sides of the contract for the book out of the terms of the contract.Then,the analysis of the legal effect of the reservation under the premise of not obtaining pre-sale permit,analysis of the case in the absence of pre-sale permit signed subscription book is effective.Finally,this paper defines the contracting fault and the liability for breach of contract,and believes that this case should bear the liability for breach of contract.Then several forms of liability for breach of contract for the appointment of the other party,in this case can be several claim the contract liability for breach of contract form.The third part of this article is the case of the thinking and suggestions,in this part,combined with the case of this paper to reflect the problem,put forward relevant proposals for the appointment contract thinking and improvement.