The Legal Nature And Effectiveness Of Commercial Housing Subscription Aggreement

Since 2008,the real estate market has developed rapidly,as a result of its high development--commercial housing subscription agreement has been widely used in real estate transaction.Commercial housing subscription agreement came into being in existence in fact or legal obstacles on the commercial housing sales contracts signed or the pre-sale contract.However academic and judicial practice on the commercial housing subscription agreement theory needs further research and argumentation,there are lots of controversy in practice.As a form of pre-contract,there are two cases about commercial housing subscription agreement imported to demonstrate the legal nature,controversial theory,effectiveness and the way of assuming responsibility from the perspective of pre-contract system.In the way of playing a role,there can enlighten the research on commercial housing subscription agreement and pre-contract system in the future.This thesis is divided into four parts:In the first part,according to two different cases,there can come to a conclusion that the controversial focus of legal nature on commercial housing subscription agreement.After that,the main views on the different legal nature of the commercial housing subscription agreement are discussed.The first view is that commercial housing subscription agreement is a letter of intent,the second view is that it is a guarantee contract,the third is the contract,and the fourth is considered to be the pre-contract.The second part,as a kinds of pre-contract and in order to understand commercial housing subscription agreement well,it tells about the legislative,legal interpretation,characteristics and the relationship between pre-contract and contract.It explains why the first part regard commercial housing subscription agreement as pre-contract,and lays the theoretical foundation for the later demonstration of the validity of the subscription agreement.After that,the key points are analyzed from "must negotiate"" must sign" and "content decision".Finally,the author agreed that the effectiveness of commercial housing subscription agreement should be "must sign" and compare with the controversial"must negotiate "theory,which can enrich theoretical point of view.The third part also based on pre-contract,and tells about the dispute about the way of assuming responsibility,including contracting fault liability,liability for breach of contract,contracting fault liability and liability for breach of contract.The author agrees that breach of pre-contract should bear liability for breach of contract.Then we discuss the way the subscription agreement should be responsible,including the actual performance,the damages,the breach of contract and the deposit.And make a detail argumentation about the disputed actual performance and the scope of damages on the theory.The fourth part is the summary of this thesis.In view of the lack of legislation on the pre-contract system in china,it is suggested that legislation of pre-contract should be accelerated in the future.At the same time,it complements the actual performance and the scope of damages of commercial housing subscription agreement,which make a more detailed demonstration of the disputes in practice.