Research On The Identification Of The Nature Of Commercial Housing Subscription Agreemment

The commercial housing subscription agreement is signed between the subscriber and the commercial housing seller,the purpose is to sign the commercial housing sales contract in the future legal documents,is the preliminary confirmation of the two sides to sign the commercial housing sales contract in the future.With the rapid development of the real estate industry,the number of dispute cases caused by the subscription agreement of commercial housing also increases,so it is very important to identify the nature of the subscription agreement of commercial housing.Both the Civil Code and the Judicial Interpretation on the Sale Contract of Commercial Housing stipulate the nature of the Subscription Agreement of Commercial Housing,but they are not consistent in the identification of its nature.This article will from the following four aspects: the nature of the commercial housing subscription agreement decided to study: the first part of the essence of the nature of the commercial housing subscription agreement that is for appointment or contract shall be deemed as to distinguish,and then through the inductive nature of the commercial housing subscription agreement that the referee status quo to summarize the problems existing in the commercial housing subscription agreement;The second part of the commercial housing subscription agreement identified as the nature of the reservation of the standard of expression of intention,mainly studies the intention of the reservation and how to identify the problem,that is,the subscription agreement there is a reservation of intention can be identified as the nature of the reservation of contract.Third part for the commercial housing subscription agreement about the nature of the contract to study the content standard,mainly for the commercial housing subscription agreement "with" commercial housing sales contract main content in the concrete analysis,namely in the subscription agreement to meet the sales of commercial property management measures "sections of the main content that can be identified as the contract about nature.The fourth part analyzes the impact of the subscriber’s performance on the nature determination of the commercial housing subscription agreement,that is,the actual performance of the subscriber does not affect the nature determination of the subscription agreement reservation,and clarifies the reasons.The affirmation that fulfills a behavior actually to undertake analysis next,judge subscriber pays the money that buy a house and the person that commodity house sells consign the behavior that subscribes commodity house can be determined to be the actual performance behavior in the agreement of commodity house subscription.