An Analysis On The Presentation And Warranty Clause Of The Contract Of Real Estate Enterprises' Cross-boarder Acquisition

The subject of this article is the cross-boarder acquisition of real estate enterprises which are located within the territory of China and discusses the presentation and warranty clause of the contract of cross-boarder acquisition of real estate program and real estate enterprises'shares. The article adopts ways of comparison, case analysis to discuss the concrete contents, legal validity and application of presentation and warranty clause. The article is divided into five parts, and they are prelude, chapter one, chapter two, chapter three and conclusion.Prelude includes the main aim of the article, the meaning of studying the presentation and warranty clause of the contract of real estate enterprises'cross-boarder acquisition and ways of study of the article.Chapter one is a brief introduction to the contract of real estate enterprises'cross-boarder acquisition and includes two parts. Part one includes basic concepts of the contract of real estate enterprises'cross-boarder acquisition, characteristics of Chinese real estate enterprises'cross-boarder acquisition, the cooperation contract and shares acquisition contract in the contract of real estate enterprises'cross-boarder acquisition in China, difference between real estate enterprises'cross-boarder acquisition and ordinary cross-boarder acquisition as well as similarities between the two in China. Part two includes the concept and theory basis of the presentation and warranty clause of the contract of Chinese real estate enterprises'cross-boarder acquisition, the role of the clause and the necessity of the clause.Chapter two is the presentation and warranty clause of the cross-boarder acquisition, including the concepts of presentation and warranty, the relationship of the concepts with other related concepts, application of the clause, parties to the presentation and warranty, contents of the presentation and warranty as well as related stipulation and responsibility limit of the presentation and warranty.Chapter three is about the responsibilities of and remedies for the violation of presentation and warranty duty, constitutional elements of and remedies for the violation of presentation and warranty clause, tortious elements of and remedies for the violation of presentation and warranty clause and false presentation.Conclusion is about the practical meaning of the article and the author expects that the article will be helpful to the practice, legislation, adjudication as well as study of and research on the present and future cross-boarder acquisition of Chinese real estate enterprises and other enterprises.