The Discussion For The Legal Liability Of The Certificate Of House Property Delays Handling

In the contract's transaction of commercial housing sales, the key goal of purchasing house is to obtain the house and the certificate of house property. The focus of present commercial housing transaction is the house can be obtained on schedule, but certificate of house property can not be .The domestic scholars study more on the disputes of the transaction, but scarcely on seeking the legal liability of the certificate of house property 's tardily delivering.In the judicial practice, there have severe disputes on the cognizance of the tardily delivering certificate of house property and the applicability of law. This text has carried on deep analysis on the phenomenon of certificate of house property 's tardily delivering and regulations of the correlative law and given the perfect suggestions about the regulations of the legal liabilities of tardily delivering certificate of house property ,hoping it can effectively reduce this phenomenon, solve this kind of dispute fairly and rationally .This text is divided into four chapters, about 46,000 words besides prefaces and conclusions.Chapter I precedes on the conception of the commercial housing and commercial housing transaction. Points the important of the property right register and certificate of house property to obtaining the title deed .and analysis the conception, responsibility, causes of the tardily delivering .and points the relevant judiciary which definitely points the responsibility of tardily handing in the first time :if the developer tardily handles the certificate, he will pay the penalty or compensate and the purchaser can even end the agreement. This regulation has very important role because it indicates law protect purchaser and overawe the developer. Chapter II, mainly to making analysis in the current law about the legal provisions about the leagal liability of delaying handling. From a content of concrete law, to document of the legal liability , responsibility principle, avoid the responsibility condition, responsibility form , applicable scope of seeking etc,which have been explained respectively. The 18th item regulates salers should assume the liabilities for breach of contract and compensate for breach of contract ;the 19th regulate the purchaser could end the contract and require the damage claim if the tardiness beyond time limid . The legal obligation of tardily handle certificate contains two sides :one is to have the truth of tardiness and another is the tardiness caused by the saler. The principle of responsibily practicaly adopt the offense principle . exemption contains the force majeure clause, purchaser's offense and exemption clause .The obligation conclude the penalty , requiration of damage claim , which conclude the continue the agreement or end the agreement.Chapter III carried on deep discussion of this tardily delivering. Mainly concentrate on handling asserting, belong to responsibility principle, the lawsuit , penalty of obligation, and proposed author's own view: in the stage of Shifting register bargainers should help handling, the rule of responsibility should be protect the benefits of the buyer, the pursuit of penalty should act as the period of law suit except the pursuit of handling and the relieving ,handling the certification is the subordinate duty which can not allocate the lawsuit prescription under this conditions that the seller already offer the commercial housing just not offer the house property certificate . Penalty Compensation should satisfied with the two terms which are "no date penalty" and "inestimably damage" .Chapter IV has pointed out the problems existed in regulation of tardily handling .It is mainly a ambiguous and conflict of the legislation. And the author directs against the existing problem, has put forward the relevant measures revised and improved in legislating: belong to the responsibility principle clearly, and suggest adopt the principle of responsibility accord to the law of contract ; definite the time of handling , extend the handling time limit to 90 days ; define the pursuit of the penalty, the writer suggest to raise the level of penalty and give the judge relavent power of judgment ; regulate the developer to apply and purchaser to execute;accelerate the proceed of the real estate and legislate law , establish the law of house property trade. The author think how to reduce the delaying phenomenon can proceed with two respects: first, strengthen government's management function, improve working efficiency; second, the contract parties should study the regulation about the legal liability of the delaying, regulate own behavior,avoid the phenomenon of delaying.