The Legal Realization Of The Fund Raising Housing's Transaction Of Continuing To Perform By One Party's Request

At present,the dispute case of the fund raising housing trading is one of the popular kind of the contract disputes.Based on this dispute is special in dispute of real estate contracts.One party's request of continuing to perform in this kind of contract exists many debates,so this essay will card the focus of dispute,and will conduce the condition of continuing to fulfill the right and give some suggestions according to this right,besides that,when this right cannot fulfill,this essay will also protect one party's interests,based on possessory interest.This paper introduces research method,which including historical method of investigation,comparative analytical method,theory associated with actual analysis and theory associated with actual analysis,refining some problems from specific judicial cases,defining the fund raising house transaction to understand its special,analysis exercising conditions and limits of this right,then give method based on possession asking him or her to compensate for the loss.The innovation of this essay is to give different method to realize the observant party's interests.The essay uses historical analysis to conclude the fund raising house's history and relative policy to analysis the house's influence factor,and then analysis effect of the contract,so that the observant party can based on it to enforce the right.Besides that,the essay will conclude different debates about the effect of this contract.And this essay introduces a specific case and classify the controversy and will define the right,then elaborate its present situation to organize its conditions,then divide into positive and negative conditions.In this essay,it compares with Hongkong and other extraterritorial area,analysis their similar transaction of real estate,to give an explicit range so that can be used for reference,so that can elaborate this right's requirement in extraterritorial real estate transaction.If the right cannot be applied,the observant party can ask the other one to compensate for damages based on possession facts in order to protect the real fair in the transaction of real estate.And the essay gives some certain ways of resolving problems from the observant party,such as ask for compensation for damages or ask the court to force the other party to fulfill the contract.And from the court's point of view,give some suggestions of judgments or from the execution phase to give some advice,in order to unite thejudgment of this kind of contracts and protect social transaction's fair and improve the security of transfer.