Research On Collateral Obligations In House Trading

Clarifying rights and obligations between parties under housing sale and purchase contract is the premise and foundation for judging responsibilities of both parties and dealing with contract disputes in a correct way.While the collateral obligation in housing sale and purchase contract has uncertain characteristics,which can't be confirmed at the signing of contract and needs to be deduced and confirmed with certain legal principles and legal methods.Although Contract Law provides legal basis to research and confirmation of collateral obligation,it is general and abstract.Some courts also make some useful exploration in related cases but they are lack of uniformed identification standards and method and more depending on the theoretical quality and practical experience of judges,so at the moment there is great controversy in the problems related to housing sale and purchase contract in theoretical and physical world.There is great identification difficulty in practice and the remedy method is relatively single.Taking typical case of domiciliary transfer as entry point,this article makes research on the collateral obligations in housing sale and purchase contract,analyzes and deduces the relevant focuses of controversy of collateral obligations in housing sale and purchase contract from cases,makes deep research and discussion on how to confirm the collateral obligations in housing sale and purchase contract in an correct way,how to differentiate collateral obligations and conventional obligation in housing sale and purchase contract and right remedy methods after breaching collateral obligations and other problems on the existing theoretical basis and proposes comments and solving methods.