Study On Legal Problems Of The Subscription Agreement Of Commercial Residential Building

Given that the real estate market is developing rapidly in the current,people hope to deal as soon as possible to avoid the burden of higher prices. But commercial housing transactions is a sort of real estate transactions,it has large target amount,at the same time also involved in many factors about the public interest. So the strength of the state control of real estate is stronger than general trading. The contracts of the house trades can’t be reached in a timely manner because of a lot of subjective and objective factors. Subscription agreement of commercial residential building is emerged as a tool of fixing trading opportunities and promoting the parties to reach a business contract. But our legal provisions on the subscription agreement of commercial residential building is few,not systematic and incomplete. Deputes happen frequently in the practice. The scholars still have different opinions about the effectiveness of the subscription agreement of commercial residential building,the limits of the contracts of the house trades and subscription agreement of commercial residential building and the solution of the dispute. Because there is no uniform standard,the judgment of the court across the country is also different. This is not only conducive to the protection of the parties, but also hindered the development of real estate market. This paper attempts to combine the current scholars’ views on issues of the subscription agreement of commercial residential building with the basic theory of contract, and study based on this to help resolve disputes.Part one of this paper introduces the meaning of subscription agreement of commercial residential building and its application in practice, as well as the relevant provisions of the law currently. Then define the nature of the subscription agreement of commercial residential building by analyzing the features of pre-contract and the subscription agreement of commercial residential building. The second part come to the effective elements of subscription agreement of commercial residential building by first analyze the constituent elements of the general contract,and then analyze the constituent elements of the pre-contract combined the characteristics of the pre-contract with the effective elements of subscription agreement of commercial residential building. Because there is no uniform format and content requirements for the subscription agreement of commercial residential building in the practice,so this part also analyzes the content that the subscription agreement of commercial residential building should have based on the valid elements of it. Then this part focus on analyzing the difference between the subscription agreement with the contract of advance sale and sales contract by the character of its content to solve problem of defining the subscription agreement and sales contract in the practice. The third part analyzes the legal effect of the subscription agreement of commercial residential building,and analyze their strengths and weaknesses by analyzing several existing theoretical doctrine. Then Put forward my views by demonstrating systematically on the basis of these doctrines. Basis on this effectiveness,this part analyzes the specific rights and obligations of both parties of the subscription agreement combine with the basic principles of contract law. The last part is the legal responsibility of violations of the subscription agreement of commercial residential building. Currently the legal liability for breach of pre-contract is not clearly defined. The provisions of responsibility for violation of subscription agreement of commercial residential building are also only a handful. Usually we use the general contract law in the practice,but because the subject of the subscription agreement is to entered into the real estate contract,so there are differences with other contracts in the responsibility applies. This section describes issues related to the deposit liability,the application of liquidated damages and damages,and focus on analyzing the possibility and the applicable requirements of the liability form of continuing to fulfill.