Legal Problems Of Commodity Housing

In addition to the introduction and summary, this article is totally divided into four chapters.The first chapter is the analysis of the issue of pretended advertisements of commodity housing selling. In this chapter, I put forward two main jurally problems about the advertising of commodity housing selling through a case which causes disputes during a deal because of the promotional materials and presale advertisement. First, the definition of legal character of the commodity housing sell advertising, it is offer or solicitation of an offer; second, the civil commitment of the main body of false advertisement of commercial property. The analysis and research of the two matters is the key points of this chapter.Chapter II is an analysis of the jurally matter during the sale of the commodity housing, especially to the houses which are sold twice. In this chapter, I emphasis to talk about the problems of the validity of contract in the house deals by discussing a typical case of the twice-sold-house. And combining the basic spirit of the relationship of the property law and credit from the new Property Right Law and the prescript of the instauration of the real property right to elaborate the ascription of the proprietorship. The ascription of the proprietorship of the house is the basic matter. The most important point of the discussion, however, is the redress for the vendees who not obtain the ownership of the house during the twice-sold-house trade.Chapter III is the discussion about the enacted hypothec commercial housing. In this chapter, I will continue to use a case to fetch out two kinds of instances about that issue. The case is about using a sold commercial housing to set mortgage with the bank. The first instance is the sell of the enacted hypothec commercial housing; the second, the sold-house are used to mortgage with the third person. Similarly, this chapter will combine with the main spirit of the Property Right Law to briefly analyze the relationship between the settlement of mortgage property and the mortgage contract, as well as the establishment of the right of mortgage. Besides, on the side of the buyer, I proposed some legal proofs to the right of maximum relief by directly against the damage of buyer's interests just because of the existed shortages of the mortgage right.The fourth chapter is to research legal issues of the sale of the commercial house which leasehold has been set. There is a case about the disputations among the lesasee, the lessor and the buyer for selling a leaseholded house. And through this case I come up with some legal issues related to the sale of the leaseholded house. The first one is the effect of claims and the lessee's rights of preemption while the lessor selling the leaseholded house to the third person. Another issue is the protections of the buyer's rights while the lessee's rights of preemption and the buyer's ownership conflict. In this part, I combined the main spirit of the Chinese law related to the leasehold made selective analysis on the two issues.