On The Compulsory Performance Of Advance Contract Of Commercial Housing

With the expansion of the share of commercial housing exchanges in recent years,the resulting legal disputes are also increasing.Among them,the reservation contract of commercial housing is uncontrollable because the problem with the deliverable matter is to sign the contract within a certain time.Especially in recent years,the real estate transaction price changes frequently,and the disputes between the buyer and the seller are becoming more and more serious.In this context,there are many disputes about continuing performance as a relief channel that can best safeguard the interests of the parties and achieve the purpose of the contract.On this issue,legislative activities and judicial activities can not form a unified opinion,so they fall into confusion and dilemma in the confrontation between theory and practice.On the issue of whether the advance contract can continue to be performed,some people agree,there are many voices against it,and there is also the middle of the two views.Based on this situation,starting from the judgment documents of commercial housing reservation contract disputes in real life,combined with the views,theories and legislation at home and abroad,the author mainly divides the article into the following parts:The first part is the introduction,which mainly describes the basic situation and data sources of this paper;The second part discusses the identification of commercial housing advance contract,mainly focusing on the identification standard of commercial housing sales contract and the distinction with other similar concepts,so as to consolidate the basis of the following case study and academic research;The third part summarizes and analyzes the judicial cases in practice,and discusses the possibility and applicable conditions of the compulsory performance of the advance contract of commercial housing from the breach of contract,litigation claim,the amount and proportion of deposit,the reasons claimed by the parties,the content of continuous performance,the application of legal provisions,the judgment results and judgment reasons of the case;The fourth part is the summary and evaluation of the views of the academic community;The fifth part analyzes the operability of the compulsory performance of the advance contract of commercial housing,and summarizes the applicable conditions for the compulsory performance of the advance contract by explaining the theoretical support and the legal support in practice.Finally,it comes to the conclusion that the advance contract of commercial housing can be applied to continue to perform under certain conditions,and limits the contents and methods of the continuous performance of the advance contract of commercial housing,in order to help the problems of the advance contract of commercial housing in judicial practice.From this point of view,the advance contract of commercial housing is not a special text that cannot be enforced and excluded from the general contract,but has the same effect as the general contract,and some special applicable "locks" are imposed due to the particularity of the contract debt.