Research On Commercial Housing Pre-sale Contracts For The Transfer Of Applicable Law

The pre-sale system has played an irreplaceable role in promoting the development of China’s realestate market, real estate sale has characteristics different from general sale and purchase of existing homes,also to Yu Gouren with greater risk. Accompanied China’s real estate prices continue to rise, and submitteda longer time slot from the real estate sale, the transfer of the real estate sale contracts have also become anintegral part of the real estate market transactions.In the sale of real estate sale and purchase transactions, the one hand, pre-sales people for consideringof Yu Gouren credit capacity, developed a corresponding standard terms limit the Yu Gouren freelytransferable right to contract; other hand Yu Gouren before the completion of the sale of commercialhousing for a long period of time, a variety of reasons need to assign the purchase of housing; even in thesoaring housing prices, by the interests of the trend, coupled with the sales contract filed with the notice ofthe registration system, the lack of effective convergence, room two sell "phenomenon is also there. The YuGouren pre-sale contract is transferred to a third party, but the developers based on the terms of the formatof the pre-sale contract does not recognize the validity of the assignment,not fulfill the obligation of thecontract, the third contractual rights can not be achieved,require developers or Yu Gouren to be liable forbreach. Judicial practice court a large number of cases of such disputes, although some court correctlygrasp the general rules applicable laws, but because the laws and regulations of the pre-sale contract for thetransfer is not complete, attitude towards the pre-sale contract could be assigned, contains pre-sale contractfor the transfer of legal principles, Especially for pre-sale contract for the transfer of the legal nature ofdifferent understanding, for the administration of justice is not uniform:the same case, within the Court tendto form different opinions on handling the opposition, or similar cases, different parts of the court’s decisionsignificantly different. Accordingly, the law applicable to the contract for the transfer of the real estate sale,there is a need to be studied from a theoretical and practical perspective. The reason for the above problemswere analyzed, in this paper, starting from the pre-sale contract for the transfer of the legal nature, existingtwo theories-credit and debt and property rights, combined with the civil law theory and concrete practice,to prevent the generation of apartment contracts in dispute, to protect the interests of the buyers of the assignee. Last，Pre-sale contract for the transfer of multiple sales contracts, the performance of the contractcan refer to the provisions of the contract for the sale of interpretation of questions of implementation onthe the ordinary movable and special movables multiple contract for the sale to make.