Research On The Legal Issues Of Developers’ Overdue Application Of Certificates

Housing is a necessity in our daily life.In the process of commercial housing transaction,real estate transfer registration(commonly referred to as "transfer registration")is a vital transaction purpose for buyers.In the current housing business,the buyer can generally live in the house in time,but the phenomenon of overdue certificate is frequent,resulting in the buyer living in the house temporarily "not belonging to" himself.This kind of problem gradually becomes the hot spot of the real estate transaction dispute.In 2003,the Supreme People’s Court issued the interpretation on Several Issues concerning the application of law in the trial of commercial housing sales contract disputes,which provides reference rules for various disputes that may arise in the process of commercial housing sales and their handling methods,and standardizes the market order of real estate transactions to a certain extent.However,in view of the problems in the handling of real estate certificate,especially the legal provisions on the overdue handling of real estate certificate by developers are relatively vague,and there are legal loopholes in some specific problems,so it is still difficult to solve such disputes in judicial practice.This paper is of great practical significance to the research and judgment of developers overdue handling of real estate certificates.Specifically,the article can be divided into five parts:The first part briefly expounds the concept of commercial housing sales contract and commercial housing,the transfer of commercial housing ownership,points out that the delivery of housing can only produce the legal effect of transfer possession,and property right registration is the necessary conditions and procedures for the transfer of commercial housing ownership.After that,it analyzes the value of the real estate certificate and presents the process of handling the certificate in the form of chart.The second part mainly studies the recognition of the overdue application of the developer’s license in the current laws and regulations,analyzes the obligations of the existing laws on the developer’s application of the license in the initial registration and transfer registration,and analyzes the responsibilities involved in the entrusted application.After that,it analyzes the stipulation of "time limit" in the "overdue"application.The third part first analyzes the loss that the developers may bring to the buyers because of the delay in handling the license in a short period of time.Then,the proportion of civil cases and the number of civil cases in the past ten years from 2010 to 2019 are counted,and the year distribution of the number of cases is shown in the form of line chart.Then,it introduces typical cases to analyze the current situation of developers’ overdue application.At last,it summarizes the reasons for developers’overdue application of certificates from many aspects,which is conducive to solving the problem of responsibility distribution in such disputes,and at the same time,it can also propose effective solutions for the willing.In the fourth part,the author mainly studies the forms and shortcomings of the responsibility of the overdue certificate handling in the current law,and puts forward his own opinions on the other two situations that the developers need to bear the responsibility in the overdue certificate handling,except for their own breach of contract,because of the reasons of the government agencies and the third-party certificate handling agencies.The focus of this paper is on the way of the developer’s liability,that is,the buyer can request the developer to bear the liquidated damages,continue to perform the contract,terminate the contract and compensate for the loss.There are four parts in the research:first,the determination and calculation method of the specific amount of liquidated damages;second,whether and how to apply the limitation of action and the limitation of action system in the two ways of continuing to perform the contract and bearing the liquidated damages;third,the disputes in the academic circles are analyzed,and their own views are put forward,trying to find the best solution;third,the buyer exercises the contract termination that he enjoys The fourth is the determination of the loss in the loss compensation,as well as the possible allocation of the compensation for housing demolition.The fifth part puts forward its own countermeasures and ideas to solve the problem of developers’ overdue application of license.It mainly includes two parts:regulating from legislation and strengthening the function of government supervision.In the expression of relevant legal provisions,the obligation and time limit of developers to handle the certificate shall be clarified again,the possible disputes shall be prevented before the transaction between the buyer and the Seller shall be determined from the perspective of contract law,and the temporary registration system of houses and the tax policy of second-hand house transaction shall be set up.In terms of government’s regulatory responsibilities,it is necessary to build a regulatory mechanism for the real estate industry and improve the efficiency of the real estate department.Finally,through the analysis of the pilot work of "hand in hand" in Hangzhou and Longyan,it is pointed out that the implementation of the"Internet plus" innovation mode is the trend of real estate development in the future.