Study On The Legal Conditions Of Housing Delivery

When developers and home buyers for real estate transactions, more and more traders to choose commercial housing sales contract signed in order to make clear the rights and obligations,but because of commodity house business contract demonstration text and the corresponding laws and regulations on commodity house consign use condition to make clear rules and guidelines.make both parties in specific commodity house consign use condition without specific or unified standard, it is also one of the reasons for commercial housing sales contract disputes in recent years, increasingly.This article first chapter by collating the existing literature and analysis the current domestic law without laws, regulations, rules on specific condition of commodity house consign is used, the academia is controversial, lead to the judicial practice.By analyzing the method of lead to solve this problem is to use the contract purpose interpretation method to explore the meaning, the parties, in turn, reduce the disputes in the commodity house consign is used, at the same time, this paper discusses the current research achievements at home and abroad for the purpose of the contract interpretation and the legal regulations, analyses how to use in the process of commodity house consign is used the purpose of the contract interpretation.The second part of the article by explaining the meaning of commodity house consign is used it is concluded that the importance of consign is used in commercial housing transactions and the importance of clear consign use condition. So, at present, the formation of system is commercial experience qualified commodity house consign is used, only for commercial acceptance standards.Some think five parties subject to the acceptance of some think just as qualified by the completion inspection and acceptance for the record registration, there are other non-mainstream opinions.In this paper, through the analysis of the pros and cons of factions of commodity house acceptance criteria shall be registered as the completion inspection and acceptance for the record.Besides the requirement of the basic conditions, the article also use contract to explain the method of analysis commodity house consign use condition shall also have water supply, power supply, heat supply, gas, communications and other supporting infrastructure have consign use condition, to obtain the property right to the specific conditions of the initial registration. The third part of the article summarizes the current hot spots of commodity house delivery problems, according to different delivery problem solutions and preventive measures are put forward.At the end of the article, by collating the common problems that exist in the commercial housing delivery, analyses the problems existing in the current system, put forward the way out is to solve the problem timely and cancellation of commodity house opens to booking system and a sound system of corresponding measures, so as to effectively prevent and reduce commercial housing transactions in the occurrence of such contradictions, in order to pass to perfect our system of commodity house consign is used, regulating the development and construction of adjustment of real estate developers, thus is advantageous to the buyers in the process of buying houses the legitimate exercise of relevant rights, guide the healthy and stable development of the real estate market.This paper applies the method of contract purpose to explain the purpose of analysis in the commercial housing sales contract both parties enter into a contract, property buyers and developers to conclude business contract should be made clear to the pursuit of goals and results, to explore the meaning of "delivery", in order to fundamentally solve the problem of the reality of the commodity house consign is used.Conditions of commodity house consign is used, therefore, that the question is a question of contract interpretation, the author believes that using the purpose of the contract interpretation can not only effectively solve the problem shall meet the conditions of commodity house consign is used, but also to explore the meaning of the parties enter into a contract, so as to maintain the freedom of contract principle.This is the methodology of this paper, but finally, the paper concluded that through the methodology to be fundamentally solved the problems of commodity house consign is used, it shall timely cancel the commodity house opens to booking system.