On Protection Of The Pre-Purchasers' Interests In Pre-Sell Contract Of Commercial Buildings

Pre-sell contract of commercial buildings is a kind of special business contract. Its basic function and purpose are to shift ownership of the buildings between principal parts and to gain the real right via the form of contract. Pre-sell contract shares some common characteristics with the common business contract, but the distinction between them is also very apparent. To study the special points of the pre-sell contract helps to investigate thoroughly the relevant theories on contract and therefore functions to enrich and perfect contract theories. Pre-sell contract uses real property as its business subject matter. In order to assure the purchasers' interests, it is essential to construct an advance notice registration system. The construction of this system has significant influences on the registration mode of the real property. Pre-sell contract comes down to real property and business contract difficult to solve and deal with in real right law and obligatory rights law. In this sense, it makes great theoretical sense to study pre-sell contract.With the establishment of pre-sell system in China, pre-sell contract of commercial buildings also owns certain universality. The subject matter of pre-sell contract is the building in construction. Due to the long construction time, the big time span in building and many other uncertain factors, there are many entanglements in caused by pre-sell contract and consequently the pre-purchasers' interests are severely damaged. From making contract to carrying out contract, pre-purchasers' various interests are facing the danger of being violated. Thus, this makes house purchasing, which is supposed to be filled with happiness and joy, full of misery, sad-feeling and helplessness. This study aims to, in practice, restrict the pre-sellers' acts, to decrease entanglements and increase trust, and therefore to maintain the normal business order...