| The booming development of the market economy and the urbanization process has brought about the prosperity of the commercial housing field.In order to stabilize the trading opportunity and determine the rights and obligations of both sides,the commercial housing seller and the intention to buy between the buyer will sign a reservation contract in the form of a purchase agreement.The commercial housing reservation contract is an exclusive contract system with independent contract time and contract purpose.Although the civil code clearly stipulates the system of reservation contract,it does not explicitly stipulate the way to assume the liability for breach of contract.In the commercial housing seller and the intention to buy between the breach of contract conflict,usually based on the freedom of contracting,honesty and credit and other principles applicable to continue to perform,compensation for losses,pay liquidated damages and deposit and other responsibilities.However,in the judicial practice in the field of liability for breach of contract of commercial housing in our country,there are some problems.It causes the disorder of the commercial housing market and the lack of protection of the rights of the parties.In order to effectively solve the problem of liability for breach of contract in the commercial housing market,this paper provides a solution.In view of the situation that whether the court should continue to perform is not uniform,the form of liability for breach of contract should be defined based on the principle of tolerance of law and contract adherence.In the face of different criteria for determining the scope of compensation for damages,the nature of the contract should be investigated differently.When the purpose is to negotiate,the compensation for damages should be limited to the reliance interest.When the purpose of the reservation contract is positioned at the conclusion of this contract,the expected benefits shall be accepted;When the nature of the contract is vague,the scope of damages should be determined according to the autonomy of the parties.When it is not clear how to apply the deposit clause,we should clarify the application of the deposit penalty,clarify the boundary between the sincerity fee and the deposit,and set a clear standard for the deposit limit.When the nature of liquidated damages is ambiguous and how to apply the clauses of liquidated damages is uncertain,we should adhere to the principle that the nature of liquidated damages in the commercial housing reservation contract is mainly compensatory and also takes into account the punitive principle,and apply the liquidated damages reasonably,moderately and fairly,so as to realize the dual purpose of punishing those who break the contract and protecting those who keep the contract in good faith. |
