Rights Protection Of The Prepurchases In The Presell Of Commercial Houses

Commodity house opens to booking a system is accompanied by the rapid development of China's real estate market and of generation. But in our commodity house opens to booking a practice, the developers as open to booking people often use their advantage position, using a variety of ways to prepurchases legal rights wreak violations. This not only harm the lawful rights and interests of the person who prepurchaser nor beneficial real estate market sustained, healthy development. Therefore, in this context from practice to our country commodity house opens to booking a process how to protect the legal rights of man who pre-book make system and in-depth analysis.The text is divided into four chapters. The first chapter for commodity house opens to booking the rights of people who pre-book analytical, is the basic parts, in full through this part of the person enjoy prepurchaser contract rights and legal rights to express the analysis, cut in express pre-book contract that enjoys in the rights and the right content, for further puts forward commodity house opens to booking a system to protect the system perfect human rights prepurchaser provides research foundation and legal perfect.The second chapter, commodity house opens to booking human rights situation in damaged prepurchaser comb. Through the commodity house opens to booking a advertising, booking aptitude not whole, opens to booking a contract defects and open to booking commodity house flaws four aspects to pre-people caused damage reason and forms, and combining the practice of the analysis of the present situation of human rights damaged prepurchaser, points out that lead to pre rights are infringed upon frequently root cause lies in the lack of relevant regulations in China and the insufficiency. The third chapter of commodity house opens to booking, existing laws of human rights protection prepurchaser defect analysis. Through analyzing the property law, the advertisement law, estate administration law and other relevant laws for the protection of human rights pre-book legal situation, this paper proposes the problems existing in the legal protection, triggering a perfect human rights protection system prepurchasers.In the fourth chapter, commodity house opens to booking system of human rights protection pre-book perfect. Through the above three chapters of related issues analysis, and combining the practice are brought up to protect the legal rights of system who prepurchaser consummating measures. For example in introducing including advertising booking advertising, establish sexual terms out of the advance notice registration public publication principle and legal effect, established the right to know, who prepurchaser commercial information quality guarantee system, perfect credit rating system introduced developers, in order to attain prepurchaser way to protect legal rights and interests of the fundamental purpose.