The Study Of The Legal Issues About The Commercial Housing Subscription Agreement

With the continuous development of social economy,there are more and more transactions between different social subjects,and the content and form of contracting are more and more extensive and complicated.The contract signing mode of " offer-acceptance" called " romantic" can no longer meet the needs of transaction practice.Especially in the real estate trading market,commercial housing subscription agreements,represented by subscription books,purchase orders,reservation books and other forms,as special contracts to regulate the rights and obligations of the parties in the contracting phase,have been widely existing in the process of trading practice.However,commercial housing subscription agreements are generally signed without the real estate development company obtaining the pre-sale permit for commercial housing.Compared with formal commercial housing sales contracts,there are great risk factors.In addition,the commercial housing subscription agreement has not been presented in our country's laws in the form of legislation,which leads to frequent contradictions and disputes arising from the subscription agreement in the real estate transaction field.This article starts with the dispute between sun tianpu and Shanxi zhuoli industrial co.,ltd over the commercial housing reservation contract.The first part: First of all,it gives a comprehensive introduction to the trial of the first and second instance cases of Zhuoli Company and Sun Tianpu.Second,it sums up and summarizes the key issues in the dispute.The second part: combined with the legal issues of the dispute in the case,aiming at the identification of the nature of the commercial housing subscription agreement,the confirmation of the validity of the commercial housing subscription agreement,and the relief methods for violating the commercial housing subscription agreement,the author makes a concrete analysis through the respective theoretical research,the analysis of the concept characteristics,the discrimination of the application of the law and other methods,and puts forward his own views and understanding on the legal issues of the dispute in the case.The third part: through the research of the above three aspects,I put forward my own legal suggestions on perfecting the commercial housing subscription agreement from three aspects: clarifying the legal status of the commercial housing subscription agreement system,clarifying the applicable standards of some clauses in the " interpretation of commercial housing sales" and clarifying the relief methods of the commercial housing subscription agreement.