Research On The Application Of Legal Disputes In Commercial Housing Sales Contracts

As a kind of commodity,commodity house has its value and use value.Commodity house is featured by large investment long use period and involves complex legal relations as real estate in law.Due to lack of legal restriction,social credit system and the unbalanced status between market participants,result in the characteristic of multiplied types,complicated subject and special properties in commodity house purchase and sales contract.And there are different understanding between local courts and judge on The Law of the Case,the status of similar case,different sentence often occurs,its a damage to authority and identity of judicial trial.Based on this,it is necessary that this paper intended in the situations that frequently occurs and debatable,analyze their legal nature,to clarify the legal relations between different subjects and propose perfection measure at the legislative.The first part defined the conception and characteristics of commodity house purchase and sales contract.The second part mainly analyzes the legal nature of the subscription book based on typical cases.The third part researches the effect of commodity house purchase and sales contract,emphasis the effect of the situation of sign a commodity house purchase and sales contract by anther name.The fourth part discusses the delivery under defect,analysis related adjudications which are aimed at the situation of quality defect,shrinkage in area and delay in delivery.The fifth part is a introduction of the conditions and consequences about the dismissal of commodity house purchase and sales contract,emphasis the situation of with a mortgage loan to by a commodity house.The sixth part studies the punitive damages applied in the field of commodity house purchase and sales contract dispute resolution,point out the shortages of existing law and analysis the possibility of apply the Protection of Consumer Rights and Interests.