Study On Appointment Contract Of Commercial Housing Sale

Appointment system has not been established in our country at present, relevant provisions in some judicial interpretation. Due to the lack of theoretical basis and relevant laws and regulations to support, disputes over the appointment of a contract often occur but can’t be solved very well. Especially in the sale of commercial housing contract disputes problems are more prominent. In this paper, through the analysis of the theory and related theories of the comparison, summarizes the nature of the contract of sale and purchase of commercial housing, characteristics and default liability, probe into the necessity of standardizing the contract of sale and purchase of commercial housing, on the basis of this, we put forward some suggestions on how to regulate the sale and purchase of commercial housing in laws and regulations in China.In this paper, in addition to the introduction and conclusion, it consists of three parts.The first part, in order to better interpretation of the commercial housing sales contract disputes, the author lists two typical cases, through the analysis and comparison of the trial of two cases, points out the existing problems in China’s commercial housing sales contract disputes.The second part,introduces the theoretical basis and the related theoretical disputes about the appointment system in our country at present and comments on several representative views.on the basis of detailed analysis of the appointment system, emphatically analyzed the nature, characteristics and the liability of breach of contract for the sale of commercial housing.Some problems in practice are pointed out to demonstrate the necessity of the regulation of the appointment contract system for the sale of commercial housing.The third part, to regulate the sale of commercial housing appointment contract,the author puts forward some suggestions, it should be in the relevant laws and regulations in the establishment of an appointment system and regulate the sale of commercial housing appointment contract.