A Study On The Legal Issues Of Commercial Housing Sales Appointment Contract

Due to its function of locking trading opportunities in advance and fixing negotiation results,advance booking contract is widely used in the commercial housing market.In recent years,with the increasing popularity of the commercial housing market,it is difficult to find a quality house,and the corresponding purchase opportunities are fleeting,Due to its characteristics of pre fixed trading opportunities,advance contract is widely used in commercial housing transactions to meet the market demand.However,as a large number of contract types,the relevant provisions of the civil code are still too general,and the declarative meaning is greater than the practical significance.There are still disputes about its effectiveness and breach of contract in the academic circle.As a result,the adjudication paths for commercial housing appointment disputes are not the same in practice,and there are different or even different judgments in the same type of cases,Undoubtedly,it increases the difficulty of the actual application of the commercial housing sales appointment contract,so it is particularly necessary to study the commercial housing appointment contract in depth.This paper collects the typical practical cases of commercial housing appointment contract,and summarizes the current common problems,focusing on the identification,effectiveness and liability for breach of contract of commercial housing appointment.Based on the basic concepts,this paper sorts out the characteristics of commercial housing booking,and then compares and analyzes the high-frequency controversial points which are easy to be confused in practice.This paper focuses on the analysis of the effectiveness and breach of contract,and finally puts forward some personal ideas to improve the application of commercial housing sales appointment contract.The main point of this paper: in the aspect of identifying the commercial housing appointment,this agreement,presale contract and other similar agreements,it is believed that the principle of autonomy of the will should be followed,and the agreement of the parties should be taken as the first starting point,and the agreement of both parties should be considered comprehensively in combination with the various behaviors of the parties when and after the appointment.As for the effectiveness of the contract,referring to the previous cases and according to the legal provisions,the author thinks that the legal effect of the commercial housing appointment is the act of the two parties to conclude the contract.The view of only negotiation largely negates the application value of the commercial housing appointment contract,making the application of the appointment contract mere formality.In the aspect of liability for breach of contract,it is considered that the way of continuing to perform the contract also has application space for commercial housing appointment,which can not be denied across the board;The scope of compensation should not be limited to the reliance interest,but should not be extended to the performance interest directly.The scope of compensation relief should be between the two and based on the reliance interest.At the same time,the loss of opportunity interest should be considered as appropriate,including but not limited to the market conditions of the same kind of real estate The judge should be given the discretion on the performance of both parties,whether there is fault in the result of breach of contract and the degree of fault.Finally,the paper proposes the idea of unifying the format text of the commercial housing appointment contract in the region by taking the provincial administrative division as the unit.