The Judicial Cognizance For Commodity Apartment’s Pre-sale Ad That Constitute An Offer

Commercial apartment pre-sale advertising as a means of effective sales of goods,is widely used by the real estate developers. According to the survey, the vast majority of commercial housing is through the promotion of advertising. But because of my commercial apartment market management mechanism is not perfect, the pre-sale of commercial housing advertising lack of effective and standardized management,property buyers found in advertising commitments and actual situation is different and request developers assume liability disputes is rising trend. While China’s advertising legislation is not in the minority, but the most targeted only the Supreme People’s Court on the trial of commercial housing sales contracts in the case of a number of issues of the interpretation of the law third. Under this background and need to on our existing commodity apartment sale advertisement research status, find the problems, analyze properties of the commodity apartment sale advertisement, and the related law and discusses the application of the research. In order to better protect the interests of property buyers, the maintenance of the real estate market, the coordinated and stable development.In addition to the introduction and conclusion, the thesis is divided into four parts.The first part discusses the basic issues of commodity apartment pre-sale advertising,including the concept, characteristics, legal nature and existing problems, etc.. The second part is the commercial housing pre-sale advertising constitute an offer of judicial identification standards, mainly around the "interpretation" of the provisions of the third commercial housing pre-sale advertising constitutes an offer of three conditions for analysis. The third part of the thesis is to discuss the problems of the judicial confirmation in the second part of the article, which is about the three applicable conditions of the "promise clear concrete", "planning scope" and "significant influence". The fourth part isthe author in the summary of the "interpretation" of the third relevant case, based on the theory of the domestic and international offer rules to the commercial housing pre-sale advertising constitute the standard of determination of the point of view.