The Effectiveness Of The Subscription Book Of Commercial Buildings

The effectiveness of Commercial housing subscription book has been disputed for a longtime, and theoretical and practical field are unable to reach a consensus. The author attemptsto use the basic theory of the contract, to explore the nature of the subscription book, and onthis basis,to demonstrate the legal effect of the subscription book.The first part of this article has made the definition of commercial housing subscriptionbook, that the subscription book appointment contracts are a pre-contract of real estate (inadvance) contract for the purpose of a real commercial housing contract. In practice,according to the subscription book is a locked room number or not,the subscription book isdivided into the locked room number subscription book and unlocked room number of thesubscription book. Whether the real estate developers.has got a administrative permission forpre-sale, the subscription book is divided into the internal the subscription book and externalsubscription book. The reason why we to make this distinction is that effectiveness of thesubscription book is somewhat different. The theoretical basis for the pre-contract is theprinciple of the autonomy principle and economic benefits.t The French scholar, intheory,divided the subscription book into priority agreement,a unilateral promise for thecontract, agreed principle agreements. American scholars according to the appointment of theactual significance of the appointment will be divided into negotiations appointment of theline and with the appointment of the outstanding provisions. Contracting said "in theory, theeffectiveness of the appointment and must negotiate said," I think that what is theeffectiveness of the reservation exactly depending on the type of appointment.The second part of this paper focus on the identification of the real estate subscriptionbook. The nature of the real estate subscription book is a pre-contract, but in practice,thereare some so-called pre-contract which has made the identification more congfusing. Forexample,The first "Letter of intent","preliminary agreement of intent","memorandum" andother such documents,they are excluded for lack of parties consensual, or the wishes to makean appointment.The second Some so-called subscription books,which in fact are the contractof the business, must be ruled out from this article.The third, in China,practically we dividethe subscription book into two parts-the locked room number of the subscription book and the unlocked. Generally, unlocked the room number of the subscription book is a pre-contract,locked room number subscription book,which,in fact, depends on the Specific conditions.The third part of this article focuses on the judgment of the effectivness of the real estatesubscription book. The controversial is wether the pre-sale of real estate license has the effecton the effectiveness of the subscription book, which has not reached a consensus intheoretical field. The author believes that the pre-sale licence will not affect the validity of thesubscription book of commercial housing.The fourth part of this article focuses on the effectiveness content of commercialhousing subscription book. That real estate subscription book of the parties to fulfill theirobligations what is a "good faith negotiation obligation" or "must Contracting obligations.The fifth section discusses the liability of the subscription book of commercial housing,that is,the relief for a violation of the real estate subscription book.In this part,two questionsare discussed,one is the whether appointment of liability for breach of contract and theapproximately Contracting negligence liability can Coincidence with each other,he other oneis whether the liability for the breach of the pre-contract contains specific performanceproblems.This last two parts, according to the current legislation and judicial status quo,specifically explore the path of the judgement of the effectiveness of China’s commercialhousing subscription book and point out that the plight of the defects of the current legislationand judicial practice, to put forward some shallow comments on our legislation and judicialpractice.