The Study On The Legal Issues Of Abstract Of The Transfer Of Commercial Housing

The transfer of the pre-sale commercial housing is a kind of system which was introduced into China from Hongkong.In our country,the purchase of pre-sale commercial housing from the buyer to the final developers usually after two cycles,in these two years,often appear in the pre-sale of commercial housing Yugouren transfer to third party situation about this phenomenon,China's laws and regulations have not been clearly defined,so in the process of transfer,many legal problems difficult to solve.Therefore,based on the contract law,this paper makes a comprehensive study on the legal issues of the transfer of commercial housing.The article is divided into four parts.The first chapter mainly studies the current situation and problems of China's commercial housing transfer.Based on the analysis of the current situation of the transfer of commercial housing in China,this paper puts forward some problems.Through the introduction of cases to study the concept of the transfer of pre-sale commercial housing.The second chapter is to study the legal attributes of the transfer of commercial housing.Through the introduction of a specific case in the article,which circles on the sale of commercial housing property transfer legal disputes,and then through the analysis of the legal attribute of the transfer,the sale of commercial housing assignment for debt;at the same time,the "contract law" as the basis,to varying degrees to fulfill the obligations of the buyer as the starting point,in order to transfer clear the transfer of pre-sale of commercial housing only includes the transfer of claims and debts.The third chapter is to study the effectiveness of the transfer contract of commercial housing.Through combing and analyzing the case in judicial practice,which circles on the sale of commercial housing assignment contract dispute,and the sale of commercial housing transfer contract effectiveness analysis,clear effectiveness of real estate sale contract;at the same time,the transfer of the pre-sale of commercial housing contract factors were demonstrated,and then analyze the law the elements of the sale of commercial housing assignment.The fourth chapter is the study of the pre-sale of commercial housing transfer in the registration of the problem.Through the argument,it is concluded that the registration of the pre-sale commercial housing has no effect on the transfer of the pre-sale commercial housing;meanwhile,the introduction of pre-sale commercial housing notice registration system to better protect the assignee's rights.