Research On The Protection Of Buyers In Overdue Processing Of Commodity House Ownership Registration

Housing is of great significance to the common people.With the rapid development of the real estate market in C hina in the past ten years,there have gradually emerged a great number of problems involving houses.And the issues concerning the processing of commodity house ownership registration account for a large part among the real estate disputes and have been commonly reported by the media.This type of cases has some characteristics such as a great number of groups involved,large sum of objects,big difficulties in mediation and withdrawal,as well as great impact on regional economy.However,the rights of buyers as house purchasers usually cannot be fully guaranteed in practical operation.The first reason is there are blanks and lags in relevant laws and regulations.For example,it has been as long as 17 years until now since the Judicial Interpretation of Some Problems in the Law Application in Trial of the Contract Dispute Cases Involving the Sales of Commodity Houses was promulgated,but there is very little content about the responsibilities that should be undertaken for the breach of contract for overdue processing of commodity house ownership registration.The second reason is that the jurisdiction in various places has not achieved complete unity such as the uncertainty of the rules for the allocation of the burden of proof for the increase in liquidated damages.Starting with the related concepts,this paper defines the related concepts of commodity house ownership registration and determines the standard for overdue registration.In addition,this paper analyzes the causes of overdue processing of commodity house ownership registration based on the judicial big data,and finds out the obstacles in the protection of the rights and interests of buyers under this circumstance.At last,some tentative relevant suggestions on the current problems are brought forward from the perspectives of legislation,jurisdiction,and administration,attempting to reduce such disputes,resolve such disputes fairly and reasonably,and achieve the healthy and orderly development of the real estate market.This paper is divided into four parts,and the specific content is as follows.The first part defines the related concepts of overdue processing of commodity house ownership registration.In this part,firstly,the real estate registration system in China and the superiority of its function are introduced.Secondly,the classification of commodity house ownership registration in China is clarified.On this basis,it elaborates that the registration in this article refers to the transfer registration of commodity house and the subject of obligation should be the buyer.Thirdly,the distinction between the ownership registration,the registration for presales contract and advance notice registration is made.Finally,the identification standards for the overdue commodity house ownership registration are interpreted.The second part explicates the empirical data and the cause analysis of overdue commodity house ownership registration.The website of Itslaw is selected as the data source in this paper to analyze the-trend of such cases in recent years and furthermore elaborate the causes of such cases from the subjects of developers,governments,buyers,and other third parties.The third part enumerates some obstacles for the buyers in overdue commodity house ownership registration on the basis of the causes and practice.For instance,the standards for the buyers claiming to be.the subject of obligation are too narrow.They buyers seldom exercise their rescission right.It is difficult for the buyers to continue to perform their obligations or fill the losses.The fourth part is the key part of this article.The improvement path for the protection of the rights and interests of buyers is put forward from the aspects of perfecting the relevant laws and regulations,unifying the judicial standards in various places to,clarify the responsibilities that should be undertaken,and enh,ancing the effect of liquidated damages.on filling the losses.Advanced practices in some economically developed areas should be learned and it should be intervened by administrative intervention reasonably.In addition,"substitutive execution" system should be explored and the nationwide advance collection supervision system should be unified so as to solve the buyers' difficulties in safeguarding their legitimate rights and interests in a practical way.