Research On The Legal Issues Of The Purchase And Sale Appointment Contract Of Commercial Housing

With the fast development of our country,the market economy is playing an important role in the word.China has a long history of 5000 years,and the contract also has a long history in our country.Pre-contract is a new form of contracts.It is necessary that in our life.Many areas we will use the pre-contract,for example,renting houses?signing the employment agreement?signing the contract of loans.It should be determined based on the principles of the contracts.Many people do not identify the contract and pre-contract,especially in the real estate domain.When people breach of the pre-contract,they need to do something to remedy the loses for other people,and we should think about opportunity benefits and expected benefits.There analysis of practices and theory,the legal of pre-contract should be normally identified as booking contract.This paper includes four parts:Part 1:This part analyze the legislation about pre-contract that in our country and other countries.There are many problems about purchase contracts,especially the pre-contract,this paper pay more attention to deal with two problems,they are earnest money and compensation,many experts have many opinions about this.Part 2:This part talk about the definition of the pre-contract and evaluation of several theories.And find differences about contracts and pre-contracts.Through researching of housing pre-contract,we can have a clear realization about the earnest money how to use and the loses of others we should compensate.Part 3:This part use some cases to analyze the mainly problems about pre-contract in the areas of housing purchase.Through some cases about housing purchase contracts,we will have a depth realization about pre-contract.Part 4:This part author will give some suggestions about how to improve the current situation of pre-contract in our laws.I firmly believe that if we can do a complete analysis of pre-contract,we will have a brighter future of pre-contract researching.The value of researching pre-contract is that can rich our Contract laws and help the judges maintain the justice.