Font Size: a A A

Research On The Legal Application Of The Commercial Housing Sales Pre-contract

Posted on:2021-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y N AnFull Text:PDF
GTID:2416330629989115Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the real estate market is still developing rapidly in China.The demand of people for real estate has been increasing constantly,the real estate transaction mode has become increasingly diversified and the national competent departments have also promulgated new laws and regulations to regulate the transaction order of the real estate market,which makes the transaction process of commercial housing become more and more complex and the transaction procedures more complicated and time-consuming.The traditional way of contract conclusion cannot meet the demand of the current commercial housing market anymore and thus pre-contract is widely used in the commercial housing business.In the “Judicial Interpretation of Sales Contracts” enacted in 2013,although the pre-contract is recognized for the first time in article 2,the provisions of the judicial interpretation of this article are too ambiguous and vague.Thus,it can not satisfy the need of resolving the disputes of pre-contract in the judicial practice.As a result,when the court is trying the cases of commercial housing sales pre-contract,there exists an inconsistency in the application of law with regard to the qualitativeness and effectiveness of the pre-contract and the liability for breach of contract.Therefore,it is necessary to study the legal application of commercial housing sales pre-contract,find out the focus of disputes in practice,carry out theoretical analysis on this and conclude a theoretical point of view with practical significance.This paper tries to start from the two paths of theory and judicial judgment.The first part takes typical cases in practice as the entry point,which firstly makes a comprehensive introduction to the trial situation of the cases and starts with the problems reflected in the cases to find out the problems existing in the trial of disputes over the commercial housing sales pre-contract in China.The second part analyzes the problems existing in the trial,which mainly distinguishes the concepts that are easy to be confused such as the definition standard of commercial housing sales pre-contract,commercial housing sales pre-contract and letter of intent,order book,purchase book,etc.The third part analyzes the effectiveness of commercial housing sales pre-contract,which is the core issue of disputes over the commercial housing sales pre-contract.Based on the analysis of the existing five theories,this paper puts forward that the expression of the will of both parties in the case should be first considered regarding the determination of the effectiveness of commercial housing sales pre-contract and then a comprehensive determination should be made combining with the relevant facts.The fourth part analyzes the civil liability for the breach of the contract for the purchase and sale of commercial housing.This paper mainly discusses whether it is possible to apply the method of liability for continued performance.Secondly,the scope of damages is defined.It is considered that the scope of damages includes,but is not limited to,reliance interests,but also includes the loss of available benefits.
Keywords/Search Tags:Pre-contract, Commercial housing sales, Legal effect, Liability for breach of contract
PDF Full Text Request
Related items