Research On Legal Effect Of Pre-sale Commercial Housing Contact Registration

The commercial housing pre-sale system is the mainstream mode of the commercial housing market in China.In order to balance the transaction risks between buyers and sellers under the pre-sale system of commercial housing,and in particular to prevent “house dual sales”,China has established the pre-sale contract registration system.With the continuous improvement of China's legal system,especially after the promulgation of the Property Law of the People's Republic of China,the principle of “the categories of real rights and their contents shall be prescribed by law” established by it has strongly influenced the legal effect of the pre-sale contract registration of commercial housing.At the same time,the introduction of some judicial interpretations also affects the legal effect of pre-sale contract registration of commercial housing.The system regulates some chaos in the sales process of commercial housing to a certain extent,but the legal effect of the pre-sale contract registration of commercial housing has not been clearly defined by the law.Under such background,there are different opinions on the legal effect of pre-sale contract registration in academic circle and in judicial practice.Previously,most of the research on the legal effect of pre-sale contract registration of commercial housing stayed at the theoretical level,and rarely be considered and analyzed from a viewpoint with a large number of judicial practice cases.In fact,the judicial viewpoint is formed according to legal provisions and theoretical viewpoints,and it is of more practical significance to analyze the issue with a judicial viewpoint.Moreover,by clarifying the legal effect of the pre-sale contract registration of commercial housing,it can provide a clear legal basis in specific judicial cases involving the effect of registration.By combining theoretical research and the current relevant legal regulations with many cases,this paper demonstrates that the pre-sale contract registration of commercial housing does not affect the validity of the contract,does not produce the effect of property rights and priority,nor does it have the validity acting against third party.Based on this,the paper discusses the possibility of canceling the pre-sale contract registration of commercial housing and gives suggestions on building up related system based on the notice registration system.This paper consists of four parts.The first part is the basic theory of the legal effect of the pre-sale contract registration of commercial housing,it explains the basic situation of the pre-sale contract registration of commercial housing,and makes a brief comparative analysis with related concepts and systems.The second part is the theoretical analysis of the legal effect of the pre-sale contract registration of commercial housing,it is concludes that the pre-sale contract registration of commercial should not affect the validity of the contract,nor should it have the effect of real rights and the validity acting against third party.The third part is the judicial practice of the legal effect of the registration of the pre-sale contract registration of commercial housing,by analyzing the questions in the second chapter with judicial viewpoint,it confirms the previous conclusions furthermore.The fourth part is the proper choice under the existing legal effect of the the pre-sale contract registration of commercial housing.Combining the above conclusions,the paper points out the problems of the pre-sale contract registration of commercial housing,indicating that the system is no longer necessary.The pre-sale contract registration of commercial housing should be cancelled,and the notice registration should be improved so as to better protect the transaction security of the commercial housing transaction market.