Theory Of Legal Protection Of The Interests Of The Buyer In The Commodity House Opens To Booking A Contract

Commodity house opens to booking a perfect realization of developers in advance recovery of capital and the purpose of building the expected benefits added by the buyer to buy homes the beneficiary of both sides of the system.With economic development,the rigid demand of housing in the people,and the housing system reform,the state-owned land use right can be traded,and many other policy,under the influence of real estate development market in China into an unprecedented boom.However,because of commodity house pre-sale system as it is in the building of the target,extremely has particularity.Developers to master the first-hand information of the building,where the buyer to have very little information,because the two sides of asymmetric,lead to developers through its dominant position,apply to hide or providing false information and other illegal means violations of the rights and interests of the buyer.The buyer infringement case emerge in endlessly,this paper focuses on the protection of the vendee interest,surrounding the adjustment of each department law of commodity house opens to booking and the mutual adjustment and conflict between each department,how to improve the system of commodity house opens to booking a Suggestions,in order to better protect the interests of the buyer are not violated,avoid such situation happen,provides new impetus to the development of the real estate market.This article is divided into three parts.The first part,the summary of commodity house opens to booking system.Analyzed the origin,historical development and characteristics of open to booking a contract,part is the foundation of the full text,and points out why the buyer in a disadvantaged position and legal reasons.The second part,the buyer interests legal protection current situation and existing defects.First the buyer rights are violated in commodity house opens to booking system in China are the typical performance and reflects the dark side and the reason of;Then from the real estate administration law,especially from the "contract law","property law" two laws,analysis the buyer interests protection legal and institutional issues;Again with the buyer as the perspective of the consumer,the consumer rights and interests protection act in bridging barriers to protect the interests of the buyer,laid a theoretical basis for effectively protect the interests of the buyer.The third part,the buyer interests legal protection system of remedy.This is the part of the paper to solve problem.The buyer interests in the legal system in China can not get effective protection,in this paper in our legal system of commodity house opens to booking under the premise of specific measures to protect the interests of the buyer,from the pre-sale regulatory,the conditions of the advance notice registration system repair,adjust the open to booking a contract relationship involving the legal system,the improvement of the standard clauses,such as Angle,combined with other parts of the advanced practice,put forward and discussed for the specific solutions and measures of our country.