Research On The System Of Sale And Reservation Contract Of Commercial Housing In China

The complexity of commercial housing transactions determines that it may be difficult for buyers and sellers to achieve real-time transactions.Facing the fleeting trading opportunities,buyers and sellers signed the commercial housing sales reservation contract with their trust formed at that time.However,due to the rough and crude legal provisions of the existing regulation of commercial housing sales and booking contracts,the disputes caused by commercial housing sales and booking contracts always frequently occur in practice.The newly published "Civil Code Contract Compilation(Draft Second Review)" declarative legislation on reservation contract also indicates that there is still a long way to go for the improvement of the reservation contract system.Considering the importance of the sale of commercial housing in people’s daily life and the close relationship between the sale of commercial housing and social stability and prosperity,we should give timely guidance to the reservation contract system for the sale of commercial housing.It is necessary to perfect the nature.In this paper,we take the system of commercial housing purchase and sale reservation contract as the research object.Firstly,this paper discusses the basic theory of the system of commercial housing purchase and sale reservation contract,defines the commercial housing purchase and sale reservation contract from three aspects: connotation,nature and characteristics,analyses the theory that support its existence,and analyses its function value of contracting guarantee,contracting delay and financing in advance.Then,starting from the four specific problems existing in the system of pre-contract for the sale of commercial housing in China,namely,the lack of identification rules,the unclear stipulation of contract validity,the unclear stipulation of liability for breach of contract and the imperfect stipulation of right protection measures,this paper analyses the disputes between the objective interpretation theory and the subjective interpretation theory in the identification of contracts,contracting and negotiation on contract validity judgment,application of continuing performance on breach of contract liability judgment and scope of compensation for loss,as well as the influence of the current situation on the ineffective protection of the legal rights and interests of home buyers,and analyses the historical and realistic reasons for the defects in the system.Next,using the comparative research method,this paper makes an investigation on the recognition,validity,liability for breach of contract and the rules of protection of rights of the extraterritorial reservation system,and summarizes the inspiration.Finally,the article gives some suggestions on the perfection of the system of commercial housing sales and booking contracts in our country,including giving a clear definition of the elements of the confirmation of the commercial housing sale reservation contract,giving a clear definition of the validity criterion and the negotiation obligation criterion,making a clear definition of the application of the way of assuming responsibility for breach of contract,implementing the registration of the commercial housing sale reservation contract,and making a standard commercial housing sale reservation contract.