Discussion On Legal Rules Of Commercial Real Estate Pre - Lease

This thesis is composed of preamble and the text which is paragraphed into five chapters.The preamble briefs the study background and significance of the topics. With the way of development of commercial real estate changes, the way of transaction is changing. The traditional business model has gradually been replaced by the modern one. As a link between transactions, the pre-leasing provides practical benefits for the parties. With the advancement of reform, its development will become an inevitable trend. The commercial real estate which this thesis refers to is the most common leasing of office and large shopping mall currently on the market. The object of this thesis is mainly for the most complex "make to order" pre-leasing.The first chapter summarizes the legal status of commercial real estate for pre-leasing. The reality is there are a lot of commercial real estate pre-leasing in the market, and their exist have their own value and rationality. But refer to the definition of pre-leasing, validity etc., except in Shanghai’s local regulations, it is rarely regulated. The second chapter introduces the analysis of commercial real estate pre-leasing contract form. Through the analysis of the characteristics and features of the contract, we can understand the special about this type of contract. It belongs to the covenant, also a forward contract. And the pre-leasing contract has essential difference with the general housing pre-leasing contract.The third chapter introduces the legal character of the commercial real estate pre-leasing. Before the analysis on the legal character of commercial real estate pre-leasing rights, this chapter firstly analyzes the legal character of commercial real estate leasehold. Although it seems irrelevant to pre-leasing, the analysis is conducive to elaboration and protection of the right of pre-leasing.The fourth chapter introduces the practical problems in commercial real estate pre-leasing and legal regulation. Through the research for the relevant legal provisions of the commercial real estate pre-leasing, we can strengthen the prevention of transaction risk to pre-leasing contract in the making process. In addition, the protection of the right to pre-leasing can be accomplished through the establishment of advance notice registration.The fifth chapter based on the analysis of the above summaries, makes a conclusion, and puts forward the corresponding legal regulation.