An Empirical Study On Reservation Contract Of Commercial Housing

As a new type of consultation method,appointments can well adapt to the complex and complicated trading behaviors in the real market,especially in commercial housing transactions.They are widely used and often appeared in the form of subscription books,letter of intents,etc.This new commercial contract is very useful but also results in endless legal disputes.Since our country’s laws does not stipulate the criteria for determining the contract for the sale and purchase of commercial housing,and also not determine the nature and scope of the responsibility for breaching the reservation contract,with only some scattered judicial interpretations have made some provisions,which has also led to the differences in the referee’s practice.Different courts have different view on this issue.Based on the in-depth study of the basic theory of the reservation contract,this article will analyze some typical cases and opinions of the referee,and puts forward some opinions on the sale and purchase contract of the commercial housing in order to help the practice.This article is divided into five chapters:The first chapter introduces a communiqué case,"Zhongmou case",which leads to the core issues discussed in this paper.The second chapter is a basic theory research of the appointment contract,through analyzing and thinking to get a more perfect view,as the basis for solving the problem afterwards.The third chapter is the referee’s viewpoint research on the contract for the sale and purchase of commodity housing.This part focuses on some typical cases,extracts the key points of the referee in order to clarify the current judicial view of the court to solve the problem.Then I will put out this article`soriginal point of view.The fourth chapter is a response to the case mentioned in the first part,and effectively combines the views of the second and third parts,analyzes and evaluates the views of the court,and puts forward my idea on this case.Then I will talk about legal regulation proposal for the commercial housing purchase and sale reservation contract.After comprehensively concluding the above argument,it puts forward mature and feasible practical suggestions.