Research On Precontract Of Commercial Buildings Sales

The precontract of commercial buildings sales is an appointment contract signed by the real estate developer and the prospective purchaser for the pre-fixed trading opportunity,and the contract is concluded at a certain time in the future.As the most typical type of appointment contract,the commercial house purchase reservation contract profoundly reflects the institutional value of the appointment contract;as a stage product of the commercial housing market transaction,it is important for safeguarding transaction security,maintaining market economic order and promoting the healthy development of the real estate market.significance.Along with the phenomenon of “investment fever” and “real estate speculation” in the real estate market in recent years,the number of disputes about precontract of commercial buildings sales has been increasing year by year.Due to the current imperfect development of China's precontract of commercial buildings sales system,the core issues under many precontract systems only remain at the level of theoretical theory.A large number of blanks in the legislation have led to the inability of the current precontract system to be used in practice.Many problems cannot be clearly guided by laws and regulations.The judges in the trial also have various judgments on similar cases and similar problems,and cannot truly achieve judicial determination.The value of contention.Based on the research results of the precontract system in China's current theoretical circles,this paper will draw on the relevant core legislative issues in the case of commercial housing sales and purchase contract disputes in the inductive analysis practice,and draw on the relevant foreign legislative experience to focus on the determination of the commodity law purchase contract.The establishment,the legal requirements,the determination of the breach of contract and the form of liability for breach of contract are analyzed and studied in order to provide some suggestions for the improvement of the contract system for the purchase and sale of commercial housing in China and the resolution of related issues in the judicial trial.This article is divided into four parts.The first part is an overview of the contract for the purchase and sale of commercial housing.Starting from the concept and nature of the concept contract,the author distinguishes the appointment and the appointment,the appointment and the conditional,and the termcontract from the theoretical level,and deeply analyzes the institutional value of the precontract.In the issue of the determination of the contract for the purchase and sale of commercial housing,the focus of the parties on the future contracting should be emphasized.The second part focuses on the establishment of the precontract of commercial buildings sales and the legal effect.The establishment of a precontract of commercial buildings sales shall meet the certainty requirements in the content of the contract.In the aspect of the legal effect of the contract of appointment,this paper makes a dialectical analysis of the four main theories in the theoretical circle,and draws a conclusion that "ought to conclude the contract" is more reasonable.The third part is mainly about the breach of precontract of commercial buildings sales.On the basis of the theory of “ should be contracted ”,the author firstly discusses the determination of the breach of precontract of commercial buildings sales,and then analyzes the form of liability for the precontract breach,including mandatory performance,compensation for losses,payment of deposit and liquidated damages.The fourth part mainly addresses the core problems in the judicial practice of our country-"the conditions for making an appointment for statutory commitment","the actual operation of the appointment enforcement" and "the determination of the scope of damages for breach of precontract".And the solution is discussed.Combined with the current situation of China's practice,it puts forward suggestions on the standardization and dispute avoidance of the precontract of commercial buildings sales system.