Judicial Remedies For Disputes Over Commercial Housing Sales Contracts

In recent years, with the gradual development of China's housing system reform, housing reform of the housing, raising the housing, the welfare housing distribution system has withdrawn from the stage of history, the attendant is the vigorous development of the real estate market, real estate transactions has become increasingly active, it diversified, with trading volume increased year by year, the resulting commercial housing sales contracts disputes will continue to increase, but because of the relevant laws and regulations for the sale of commercial housing is not perfect, in judicial practice on the major issues showing different understanding and processing methods."Real right law"and other laws, regulations, judicial interpretation of the implementation, in the settlement of disputes has played a positive role, but the problem is still not completely resolved. For this, the author through the reference and analysis of some practical results, mainly from the sale of commercial housing contract dispute, the cause of the dispute, the relief way as the breakthrough point, on the basis of the experience of the case, the housing sales contract disputes from the following four aspects:In the first part, the paper introduces some typical cases of the disputes in the process of commercial housing transactions.The second part of the commercial housing sales contracts, combined with the special nature of commercial housing sales contracts, the effect of the commercial housing sales contracts are discussed and expounded.The third part analyzes the problems encountered in the implementation of the commercial housing sales contracts in the second part.The fourth part of the general situation of China's commercial housing sales contracts, the contract is confirmed invalid after the general relief and punitive relief for a general summary.