The Discussion Of Commodity House Sales Appointment Contracts

Due to the existence of legal or de facto barriers, the two parties can not enter into a transaction contract in time for a fixed trading opportunity. In practice, the contract usually exists in the form of subscription book, letter of intent, and order form. With the rise of the real estate market, in recent years, more and more attention of the theoretical circle of the contract, but still not form a unified view. In addition, China's current legal provisions on the appointment contract is single, only in 2012, "the Supreme People's Court on the trial interpretation of the applicable law contract cases" (hereinafter referred to as the "contract"provisions in judicial interpretation). And from the perspective of the judicial interpretation of the sale contract, it does not make clear provisions on such issues as how to identify the appointment contract, breach of contract, legal liability and so on. This is likely to cause serious impact on the judicial referee, the direct consequence is that all over the referee standards for the appointment of the contract is not a. In order to protect the judicial authority, to reduce the transaction between the two sides due to the interests of drivers and other reasons, to maximize the maintenance of transaction security, it is necessary to further discuss the issues related to the appointment contract.The structure of this paper is arranged like this:The introduction describes the background of the topic, the theoretical basis, the entry point of writing, the purpose and significance of the study.The first part of the contract dispute with the company and the company quickly Shudu case as the breakthrough point, analyzes the causes of first and second instance, and then sort out the differences, the focus of controversy in this case, the focus of controversy on the appointment of a commercial housing the main problems existing in the contract and causes.The second part is basic theory of precontract for commercial housing were analyzed,discussed about the pre, subscription books, letters of intent, contract concept, characteristics,types and elements of the establishment, and the legal liability of precontract. In order to clarify the difference between the reservation and the related concepts, it is easy to identify the appointment contract in practice.The third part mainly discusses the suggestions on perfecting the system of the contract of the commercial housing in our country. Mainly from the commercial housing reservation contract legislation, the implementation of the system of commercial housing reservation contract is applicable to the system, the scope of commercial housing contract breach of contract breach of contract, such as the three aspects of the perfect advice.In conclusion, this paper is based on the analysis of the company and the company quickly Sichuan commercial housing sales contracts case based on the relevant legal issues on the sale of commercial housing contract, concept, effectiveness and accountability to the pre contract, put forward perfecting the precontract for commercial housing related suggestions,in order for our goods the real judicial practice to provide some help.