The Research Of Legal Problems Of Appointment Contracts In The Sale Of Commercial Housing

With the rapid development of China’s current real estate market,the opportunities for real estate transactions are fleeting.In order to secure trading opportunities and successfully complete the sale of commercial housing,the application of booking contracts in this field has become more widespread.In the current environment,signing a contract for the purchase and sale of commercial housing has become an effective means for market participants to grasp business opportunities and clarify the rights and obligations of both parties to the transaction.However,China’s theoretical circles have not formed a unified view on the issues of the qualification,effectiveness and liability for breach of contract for commercial housing reservation contracts.The fundamental reason is that there are few provisions on the appointment contract in China’s legal system,which leads to the lack of a rich legal basis for the disputes arising from the contract in the process of implementation.The disputes over the contract for the contract of commercial housing in practice are applied with the contract.More and more,the results of different judgments in the same case are not uncommon.This has made it more difficult to use the commercial housing reservation contract in practice,and it may lead to a decline in the credibility of the law,and will bring great difficulties and obstacles to the settlement of similar disputes.It is particularly important to strengthen the study of the theory and laws of commercial housing reservation contracts.This article starts with the problems in the application of commercial housing reservations in practice.First of all,based on practice,through the analysis of typical cases,the current problems are mainly concentrated on the identification,effectiveness and liability for breach of contract of commercial housing reservations;then,the focus on the contract for the purchase of commercial housing and the more confusing letter of intent,pre-sale contract and conditions It is distinguished from farming,and the concept and basic characteristics of the commercial housing reservation contract are clarified.Then,a large number of writings are written on the validity of the contract for the commercial housing and the liability for breach of contract.As far as the issue of effectiveness is concerned,on the basis of evaluating the four existing theories,it is proposed that China should adopt the content of considering the subjective will to decide the theory;in terms of the liability for breach of contract,combined with practice,it is proposed to continue to perform,and the penalty can be reserved.The scope of application and damages in the contract should generally be limited to the scope of reliance on the loss of interest;finally,based on the analysis of the current state of legislation,recommendations are made for the legislation of the commercial housing reservation contract.With a view to contributing to the improvement of legislation in this field,I will contribute my own meager strength.