Overdue Registration Of Commercial Housing Sales Contract And Determination Of Liquidated Damages

Today,the real estate market continues to grow,the number of commercial housing disputes is also increasing,and commercial housing sales contracts are increasingly becoming the basis for the protection of the rights and interests of both parties.In Zhang's case against an investment company in Mianyang,the two parties disputed the overdue liability for breach of contract in the registration of property rights,the determination of the amount of liquidated damages,and whether Zhang's claim that the seller's late registration liability for breach of contract had passed the statute of limitations.The author's principle of attribution of liability for breach of contract,constituent elements,and analysis of relevant legal documents such as the Urban Real Estate Management Law and the Administrative Measures for the Registration of Urban Housing Ownerships determine that the developer should bear the overdue initial registration default liability,but the overdue transfer The developer did not default in the registration;through the analysis of the liability for liquidated damages and the judicial interpretation of the Supreme Court on the trial of commercial housing contract disputes,Article 18 found that the amount of liquidated damages did not exist too high;according to the provisions of the Chinese lawsuit system The statute of limitations for the lawsuit for breach of contract in this case is based on the statute of limitations of the case.Finally,the author points out the shortcomings of Article 18 of the judicial interpretation and puts forward some suggestions through the study of the trial thoughts of the courts of the first and second trials,as well as the related works and papers,in order to provide reference for the trial of similar disputes in commercial housing contracts in judicial practice.