Study On The Right Of Defense To Perform Simultaneously In Purchase Reservation Contract

In the process of building business,the person that buy a house and real estate developers through consultations, eventually tend to sign a letter of intent, subscribe book, memo, etc, appointing sometime in the future to sign formal building business contract, in theory, such a letter of intent, subscribe book called pre-contract. When purchasing new house, to make pre-contract of building business has a very wide range of applications. Pre-contract of building business has played an important role in both fixed trading opportunities. Disputes is increasing while pre-contract of building business widely used in the real estate industry. In recent years, a new kind of dispute let the judge struggle to cope with, The quality defects of house that lead to inhospitable to live even cannot appeared before the time that the person that buy a house and real estate developers have discussed in the pre-contract of building business,and it make the person that buy a house in a dilemma: First,because of the obligation of the pre-contract, he or she must sign formal building business contract on time or constitute a default, need to take liability for breach of the pre-contract; on the other hand, once sign building business contract on time, she will get defective houses, contrary to justice. In reality, the person that buy a house tend not to sign formal building business contract on time, and the judge decided that the person that buy a house will be default based on this, and bear corresponding liability for breach of contract, As for the defective problems of building quality, after signing formal building business contract, to pursue the liability for breach of contract of real estate developers. The mentality to solve the disputes cannot be resolved the dispute once time, which then again start of judicial resources, wasting social costs, and easy to trigger social conflicts. In addition, in view of the current our country, The lack of legislation about pre-contract,different views in theory,will lead to problems such as judicial judgment standard not unified.In view of this,this paper tries to through the defense right of simultaneous performance to solve the above problem, taking the good conditions of the premises to perform as the collateral obligation of real estate developer based on the appointment contract, once the drawbacks of collateral obligation to perform influence the condition of the purpose to realize, the defense right of simultaneous performance can be applied to the contract, excluding the liability for breach of contract because of delaying to sign the contract, then the judge can sentence both sides to perform simultaneously, on the one hand, the real estate developers provide livable home, and at the same time, the person that buy a house go to sign the formal building business contract, solving the disputes as soon as possible, realizing of litigation economy, saving social cost, balancing the interests of both sides better.