Font Size: a A A

A Study On The Change Of Agricultural Policy In India

Posted on:2020-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:W G LuoFull Text:PDF
GTID:2416330578460170Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the introduction of the commercial housing pre-sale system,China's real estate market has developed rapidly.However,in the pre-sale of commercial housing,the developers themselves are in an information superior position,and it is not uncommon to use information to mislead,fraud,and falsely publicize buyers.In recent years,this kind of phenomenon has become more and more high.The state has introduced a large number of policies related to the real estate market to regulate these phenomena,but most of these policies are after-the-fact relief focusing on administrative punishment.Although the country has clearly proposed the establishment of a developer information disclosure system in the “National Six Articles”,the disclosure of developer information that has been uniformly implemented nationwide is not yet clear.Only the corresponding systems in each province and city have established documents,but for the rights of buyers.The supporting relief system after the damage is still not perfect,and there is still a lack of compliance with the developer's information disclosure obligations from the legal system level.The pre-sale commercial housing itself has certain special characteristics,which makes it different from the houses in other trading methods.The biggest characteristic of the sales model is the early trading of future commodities.In the transaction process,a large amount of information is in the hands of the developers.It is precisely because of its particularity that the developer as the main body of sales should bear the corresponding obligation to protect the interests of buyers in the process of buying and selling.In the pre-sale of commercial housing,developers use the asymmetry of information to infringe on the legitimate rights and interests of buyers by false propaganda,model house and actual delivery of housing inconsistency,and missing information disclosure.The reason for the above phenomenon lies in the fact that it is not clear in law that the developer should bear the obligation of information disclosure,which leads to the developer's use of the information advantage to infringe the interests of the buyers.The consequences are less than the benefits obtained,so the developer should be legally The information disclosure obligation is made clear,the developer information disclosure system is improved,and the penalties for developers' violation of information disclosure obligations and the rights relief for buyers are strengthened.To clarify an obligation,we should find the theoretical basis of its existence,and find out the necessity of the developer to undertake the information disclosure obligation from the special attributes of the pre-sale commercial housing itself and the current legal basis analysis,while the law and economics and jurisprudence from the trading market The law of self,the freedom and equality required by the spirit of the contract,and the important principles of honesty and credit in the civil law provide the basis for the developer to assume the obligation of information disclosure with legitimacy and rationality.After the above discussion,the definition of the scope,elements,and extent of the developer's information disclosure can ensure the feasibility and fairness of the information disclosure obligation while restricting the developers and protecting the buyers.In terms of liability,the developer's breach of the obligation should be classified into missing information and false information according to the objective nature of the conduct of the breach of the information disclosure obligation,which is misleading due to the nature of the behavior.Legal consequences with fraud.Finally,on the basis of the above theory,combined with the information disclosure system requirements and the enterprise information inquiry system and the stock exchange information disclosure system,the developer's integrity inquiry system and the commercial house pre-sale specification system are established.In the end,the article implements the information disclosure system through the combination of online inquiry system and offline written explanation.It not only provides the information source of the whole process of pre-sale of commercial housing,but also provides the source of evidence after the loss of the rights of buyers.In order to protect the rights of buyers.
Keywords/Search Tags:commercial housing pre-sale, developer, information disclosure obligation, legal system
PDF Full Text Request
Related items