On The Protection Of Pre-purchaser In The Pre-sale System Of Commercial Housing

The commercial housing pre-sale system originated in Hong Kong and emerged in the 1980 s in the Mainland.In the early 1990 s,in order to meet the needs of the actual development,China's legislative departments formulated many laws and regulations regulate the pre-sale system of commercial housing,which laid the foundation for its long-term development in China.In recent years,with the rapid development of the real estate market,the pre-sale system is still in the limelight.Whether it is the pace of development or the scale of development is far more than the current sale,it is beyond its reach.However,the pre-sale system of commercial housing is a frequent problem,and it has caused serious damage to the pre-purchasers who are vulnerable groups.It has become a hot issue that has caused widespread concern in the society.Therefore,people from all walks of life have spoken out and discussed the abolition of commercial housing.But considering the important role played by the pre-sale system of commercial housing in promoting economic development and accelerating the speed of capital turnover,it can be said that the system is still outweighing the disadvantages,and it should be revised rather than completely abolished.Based on the status quo of the pre-sale system of commercial housing,this paper affirmed the necessity of the pre-sale system of commercial housing.Firstly,the paper analyzes the realistic background of the development of the pre-sale system of commercial housing in China,and introduces the problems existing in the pre-sale system of commercial housing.Secondly,analyzed the legal nature of commodity house opens to booking a contract,denies the tong said about the naturethat from the perspective of protecting the legal rights and interests of pre party the qualitative for the more appropriate contracting.Thirdly,it elaborates what rights the pre-purchaser should have in the undertaking nature.This paper introduces how to construct the pre-sale system of commercial housing in Hong Kong,Germany and other countries,and how to use different system design to protect the legitimate rights.Finally,combining with the actual situation of our country,on the one hand,use of contract of commodity house opens to booking a contract.On the other hand,targeted measures of other countries and regions for reference,put forward to perfect the system of commodity house opens to booking advice,hope it can play a better role in practice.