A Case Study Of Chai V.K Company Commercial Housing Subscription Contract Dispute

The contract for subscription of commercial properties is a contract signed by the parties to the sale and purchase of commercial properties to fix the results of the housing transaction matters that have been tentatively reached without having the subjective and objective conditions or legal conditions to sign a formal sale and purchase contract.The nature of the contract of subscription for commercial properties generally belongs to the contract of appointment.Article 495 of the Civil Code defines the reservation contract in the form of subscription letter,etc.,but the liability for breach of contract of reservation is only stipulated in principle.Therefore,at present,the law does not make clear provisions on how to accurately determine whether a commodity house subscription contract is a reservation or this contract,the remedy for breach of contract of commodity house reservation and the scope of damages,which brings a great challenge to the trial practice and is very likely to cause similar cases or even the same case with different judgment results.This paper takes the case of commodity house subscription contract dispute between Chai Mou and K Real Estate Company as the object of study,through the systematic analysis of the above-mentioned issues,with a view to further unifying the adjudication of similar cases dealing with commodity house subscription contract disputes.This study uses the literature analysis method and case study method,for this reason,the content and structure of the article are arranged as follows: Chapter 1 is the introduction,which introduces the background and significance of the case,the research content and method,the innovative point of the thesis,and the literature review of the research results on the nature of the commodity house subscription contract and the remedy for breach of contract;Chapter 2,on the basis of sorting out and analyzing the basic facts of the case and the views of the agents of both sides,summarizes the three points of dispute in this case;Chapter 3 is the analysis of the issues involved in the focus of the dispute.On the basis of the basic facts of the case and the views of the agents of the two parties,the second chapter summarizes the three focal points of the case;the third chapter is an analysis of the issues involved in the focal points of the case.Based on the analysis of the nature of the contract of commodity house subscription,the validity of the contract signed without the license of commodity house pre-sale,and the breach of contract liability of the contract of commodity house subscription,the disputed issues in this case are identified.The fourth chapter is the suggestions for improving the subscription transaction of commodity houses.Through the investigation of the controversial issues in this case,three legal suggestions are made to increase the legal provisions regulating the act of subscription of commodity houses,modify some clauses in the Interpretation of the Contract of Sale and Purchase of Commodity Houses,and formulate a unified model text of the contract of subscription of commodity houses.Through the study of this case,this paper proposes that the way of bearing the liability for breach of contract in the commodity house reservation contract should be distinguished from different case situations.If the contract has agreed on liquidated damages or deposit liability and these two liability methods can compensate for the loss of the non-breaching party,then the agreed default method should be applied in priority;if the reservation contract can continue to be performed,the request of the defaulting party to continue to perform should be supported;if there is no agreement on default liability and the contract cannot be continued in reality,then the remedy for the defaulting party should be damages,and the scope of compensation should be limited to The scope of compensation shall be limited to the loss of reliance interest,i.e.actual loss,and the compensation of opportunity loss is also applicable in individual cases.