Research On The Legal Issues Of Commercial Housing Subscription

In China's commercial housing sales,as a matter of fact or legal obstacles to the parties to immediately signed a formal contract for the sale of real estate.In order to ensure the smooth progress of the transaction,will generally be written confirmation of negotiation results through subscription,for their best efforts to reach a final agreement.In practice,this kind of instrument referred to as commercial housing for the book.But for commercial housing for the book reservation nature and effectiveness of the contract,the relevant problems in judicial practice,judges and parties of commercial housing for the book did not reach a unified understanding to the legal nature of commercial housing for the book,how to identify the effectiveness of commercial housing for the book;if the subscriptive document independently of pre-contract property sure,the contract and how to determine how binding,binding on the parties matters;one party violates the subscription book should undertake what kind of legal liability,how to define the scope of responsibility.In practice,the content and form of commercial housing for the book text is not a unified format and standards,and increase of commercial housing the subscription book attributes of the cognitive difficulty.This article from the subscription book based on its own characteristics,discusses the legal nature of the subscription book,it is defined as the independent appointment contract and determine the required conditions;on this basis,the effectiveness of commercial housing for the book to identify and determine the validity of the content,and combing the current legislative status of commercial housing for the and the lack of liability for breach of contract and liability for fault conditions.Finally,to improve China's commercial housing for legal responsibility and put forward corresponding suggestions.