Within The Time Limit For Commercial Housing Property Rightslegal Responsibility Research

With the rapid development of China’s market economy, the real estate industry as a pillar industry involving people’s livelihood, social and economic life, play an increasingly important role. In recent years, along with the implementation of the national macro-control policies on the real estate market, as well as the ordinary housing concept updating, the development of the real estate market gradually tend to be more rational, not like a few years ago, however, as the mass housing delivery, many hidden problems with the passage of time, gradually becoming apparent. And’ among them, the commercial housing property right to handle the overdue problem, which is impossible to ignore. Nearly two years, questions about commodity house within the time limit for property disputes frequently in the press, and once appear such disputes, it often involves dozens, hundreds of households of the buyer, many buyer to court litigation, appeal to the relevant department, even caused great social impact.Until today in development of real estate industry, the state of its latest legislation still stay in 2003 the supreme people’s court, the supreme people’s court on commercial housing sales contract dispute cases to explain some issues of applicable law, in article 18 of commodity house business contract to perform the seller (in this article refers to the developers only) within the time limit for the civil liability of the housing ownership certificate, ruling for the people’s court cases have provided the certain legal norms and guidance, but there is still no will exceed the time limit to the responsibility of the building property right according to the different make concrete analysis, the main responsibility division of responsibility, this makes a lot of exceed the time limit for commercial housing property rights dispute is in a state of responsibility confused, for the judgment of the court and people’s rights caused difficulties. In this article, the author tries to start from the present situation of exceed the time limit for commercial housing property, analyses the reason of overdue for commercial housing property, step by step, starting from the reason of find out different responsibility main body; Then further analyzes the overdue for commercial housing property liability imputation principles, forms and different responsibility main body. Finally, the author also on how to solve the problem of exceed the time limit for commercial housing property proposed his own view. To equality and reasonable handle such events or disputes, safeguard the interests of the parties.This paper is divided into four parts.The first part analyses the overview and status quo of commercial housing property right registration. First, from the perspective of the general concept, the concept, function and application of commercial housing property right registration in briefly, then basing on investigation and analysis of data and a large number of exceed the time limit for commercial housing property disputes typical cases, to illustrate the overdue for commercial housing property rights and social impact of ordinary life.The second part analyzes the reason of overdue for commercial housing property. Respectively from three aspects, developers and buyer reasons, the third person causes, specific detail why is overdue for commercial housing property case.The third part is the focus of this article, stick to the topic, in-depth analysis the overdue for commercial housing property rights of legal responsibility. From the principles of imputation of exceed the time limit for commercial housing property rights, responsibility, as well as the article mentioned in the second part of the. three parties shall bear the responsibility for the content, the main responsibility of the subject of this article has carried on the simple analysis.The fourth part the author to solve the problem of exceed the time limit for commercial housing property of its recommendations, including:from the perspective of legal obligation subject clear property right is dealt with; Buyers and sellers to strengthen for the implementation of the contract, the relevant government departments to strengthen the regulatory responsibilities; The judicial organs should strengthen the enforcement of exceed the time limit for property. The author thinks that from the several aspects, can more effectively reduce due to the problem of the property right to handle the delay caused by both sides of the contradictions and disputes.Due to the author’s ability to study problems and time is limited, so the article is not analyzed thoroughly and less than place, also hope to be able to get more advice. But hope that because of his strength, able to solve the legal responsibility of property right within the time limit for goods to study and put forward some opinions and views, in order to reduce the occurrence of such dispute as.