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Study On The Application Of Law To Commercial Housing Sale And Reservation Contract

Posted on:2020-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:X J XuFull Text:PDF
GTID:2416330590977997Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The commercial housing sale reservation contract is different from the contract.To define the reservation contract,we should not adopt a single criterion of objective interpretation or subjective interpretation.It should be based on the criterion of objective interpretation,supplemented by the criterion of subjective interpretation,and adopt the criterion of combining subjective and objective to define the reservation contract.The determination of legal validity of the commercial housing sale reservation contract should be determined by considering the relevant facts of the case.Specifically,if the parties have made a clear agreement on the purpose of contracting in the process of concluding the contract,they should respect the real intention of the parties;if the parties have not clearly agreed on the purpose of contracting,they should be based on the degree of agreement reached by the parties,that is,according to the extent of agreement reached by the parties.In different types of cases,the reasons for the parties to conclude an appointment contract are discussed,and the legal effect of the contract is identified as "should be contracted" and "good faith consultation".Those who violate the contract for the sale of commercial housing shall be liable for breach of contract for continuing performance and compensation for damages.The way of continuing performance varies according to the legal effect of the reservation contract.If the legal effect of the reservation contract is "good faith consultation",the way of continuing performance is continuing consultation;if the legal effect of the reservation contract is "should be contracted",the way of continuing performance is to conclude the contract.The issue of compensation for damages should also be differentiated according to the legal effect of the reservation contract.If the legal effect of the reservation contract is "should be contracted",it should compensate for the loss of performance interests;if the legal effect of the reservation contract is "honest consultation",it should compensate for the loss of trust interests.
Keywords/Search Tags:Reservation contract, Liability for breach, Continuous performance, Damage compensatio
PDF Full Text Request
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