The Legal Application Of Commercial Houses Purchased In Advance Reselling Disputes

Commercial house purchased in advance reselling,means the action of law that pre-buyer in the legal relation of Commercial house purchasing in advance,reselling the commercial house that hasn't been testified to be qualified.There is no law or administrative regulation about Commercial house purchased in advance reselling made in our country,Article forty-sixth of Real estate management law gives the State Council authorization to make regulations about commercial house purchased in advance reselling.On April 30th of 2005,seven sectors of the State Council released Proposals to Stabilize housing prices,which prohibits pre-buyer reselling the commercial house that haven't been testified to be qualified.Proposals to Stabilize housing prices makes great influences to juridical practice.Some judges regard the agreements of reselling the commercial house that hasn't been testified as invalid,and the assignee doesn't have the right to be the owner of the house recording to it.The author doesn't agree with it and criticizes the opinions above,In the author' s opinion,commercial house purchased in advance reselling includes complicated transaction types,in different transaction types,legal relationships between the parties are totally different,we need intensive study to apply the law accurately.The first part of the thesis includes background introductions and problems focused on the Commercial house purchased in advance reselling disputes.The second part of the thesis concludes the disputes of the validity of the agreements of reselling the commercial house that hasn't been testified,and whether the assignee has the right to register.The third part of the thesis including the demonstrations of the validity of the agreements of reselling the commercial house that haven ' t been testified first,analysis to the legal relationships of different kinds of reselling the commercial house that haven' t been testified,analysis and demonstrations of the question that whether the assignee has the right to register.The forth part of the thesis including the suggestions to the law application about the validity of the agreements of reselling the commercial house,and how to deal with the contract performance issues.The fifth part of the thesis is conclusion,briefly summarizing all the arguments of the thesis.