Houses For Sale And Then The Transfer Of Legal Research

Transfer of the advance-sale commercial housing, popularly named as 'unfinished building scalping', means that the pre-purchaser may transfer the relevant rights and obligations of the contract to other person after the pre-sale person and the pre-purchaser signed the contract of the advance-sale commercial housing transfer. In recent years, because Chinese real estate market has been developing rapidly and there is long time from the advance-sale of commercial housing to completion date, transfer of the advance-sale commercial housing has been an unavoidable and important problem in Chinese real estate market.Therefore, this paper sorts through the law and regulations about transfer of the advance-sale commercial housing in china, analyzes the basic status and historical development of the law and regulations about transfer of the advance-sale commercial housing, and studies the consistency and effectiveness of current legal system of transfer of the advance-sale commercial housing with some judicial cases of transfer of the advance-sale commercial housing. This paper will give some proposed piece of legislation for regulating the transfer of the advance-sale commercial housing. This paper has five chapters.In chapter one, this paper defines the concept of transfer of the advance-sale commercial housing on the basis of referring to Chinese Management Measures About Sales Of Commercial Property and the conventional approach in Hong Kong. Then this paper mainly introduces the law and regulations about transfer of the advance-sale commercial housing after 2004 on introduction to the law and regulations about transfer before 2004.In chapter two, this paper sorts through the law and regulations about transfer of the advance-sale commercial housing from governments at all levels and the administration department of real estate including of The Urban Real Estate Administration, Contract Law, the Advice for Housing Prices Stable Work Preparation from seven ministries and commissions, and judicial interpretation from the highest court. This paper compares the regulations of transfer of the advance-sale commercial housing in Shanghai, Beijing, Anhui, Nanjing, Xian, Ningbo, Wuxi.In chapter three, this paper analysis some legal issues, for example, the legal nature of transfer of the advance-sale commercial housing, the current legal system of transfer of the advance-sale commercial housing, the reason of building the legal system of transfer of the advance-sale commercial housing, and the conditions of transfer the advance-sale commercial housing;In chapter four, this paper studies the problem of individual's escaping justice for transfer of the advance-sale commercial housing with some judicial cases of transfer of the advance-sale commercial housing, and this paper studies the practical question of resale of forward delivery housing operated out of line by some estate agents.In chapter five, in order to maintain the consistency and effectiveness of current legal system of transfer of the advance-sale commercial housing, this paper offers some legislative proposals to consummate the law and regulations about transfer of the advance-sale commercial housing in china according to legal principle analysis and case studies about transfer of the advance-sale commercial housing.