A Study On The Appointment System In The Commercial Housing Contract

The application contract in my country is extremely high,especially in the field of commercial housing trading.The appointment contract has made great contributions to my country’s real estate field.Due to the mobility of the house and the planning of land resources in my country,high-quality houses are very scarce,such as convenient transportation,school district houses,good environment,and complete accessories.Buyers are also a lot of effort to choose suitable houses.The emergence of the appointment contract for commercial housing sale can be fixed for the buyer’s fixed transaction opportunities.The houses that are fancy will not change their hands,which will provide help for the protection of consumers’ rights and interests.However,the provisions of the law of the house appointment contract in the commodity economy in my country are relatively rough.Except for the Civil Code,there is a related definition of the appointment contract,the interpretation of the "Sale Contract" and the "Interpretation of the Sale of the Commodity Housing" It has a general rule,and other legal provisions are applicable,which is also one of the reasons why there are often problems in the reservation of commercial housing trading in practice.The first part of this article expounds the research purposes,research background and research significance of commercial housing sales appointments,and summarizes the current status of research on the reservation of commercial housing sales at home and abroad,including different understanding of the concept of house appointment in different countries,and appointments for house sale.What kind of doctrine should be applied to the legal effectiveness of the law,how to relieve the liability for breach of contract for house sale,and whether the scope of damage compensation after the results of the default should include trust,expecting interests,and fulfilling interests;With the content of the legal provisions,it is applied by theory to the scope of the theory that has been widely used in the existing laws and regulations.Part two: Introduction through practical cases,briefly explain the basic facts of the case,and summarize the main focus and disputes of the case after discovering: the problems of the appointment of commercial housing buying and selling appointments can be overview.Intersection What is the effect of the conclusion effectiveness of the sale and sale appointment?How to bear the liability for breach of contract when the sale and sale appointment cannot be transformed into a contract? How to strengthen the protection of house sale appointments in the future? After discovering the above problems,a brief explanation was made to the concept of buying and selling commercial housing,and it was distinguished from the appointment of buying and selling.Finally,the legal origin of the commercial house sales appointment was deeply excavated.Part three: For the typical cases in the second part,combine the views of experts and scholars in theory,and the different trial models of the Chinese courts,propose a feasibility standard for the definition of buying and selling appointments.Two elements say that buying and selling appointments must include two requirements,that is,the content of the contract is complete and the intention of the appointment.The core requirements are relatively loose,that is,the contract is based on the intention of the presence of appointments.Whether the contract has a complete terms does not need to care.And the validity status of the conclusion of the buying and selling appointment contract is often explained in the theory that the theory is often discussed,and the emphasis on the theory of compulsory contracting,negotiations,content decisions,and the focus of consensus and subjective theory of the interview.And compare their advantages and disadvantages.Part four: Focus on continuing to perform and damage compensation in the "liability for breach of contract".The author’s point of view is that after all the ways cannot continue to perform after all the ways,you can only use money to make up for the loss.Take the relationship.Among them,this article has elaborated the scope of the scope of damage compensation in the practical and academic circles.The interest is the benefit that the contract can be obtained after the fulfillment of the contract.This is a kind of relief that the parties have maintained the contract order after breach of the contract.This article believes that these two are compensation.As for the expectations of interests,the author believes that the scope of the doctrine is too large,and whether it can be supported whether it should be supported by the judge freely.Part five: The problems of the existing system of house sale and sale appointments,from the rules,effective regulations,default responsibilities and protection measures to analyze and summarize.Part six: Corresponding solutions to the issues of house sale appointment contracts.After a significant narrative of the buying and selling appointment contract,after consulting a large number of documents,after the 2021 people’s codes were officially entered into force,the appointment contract was officially written into the codes,but my country currently has a blank space for the legal requirements of the appointment contract.Therefore,this article summarizes the problems in the application of the appointment contract after the promulgation of the Civil Code and summarizes the application of the appointment contract,and tries to make a shallow opinion.Starting from practical cases as a whole,the more typical cases in the practice are analyzed,from the definition of the appointment contract to the default responsibility for breach of contract,and a reference case for the starting point for specific and useful analysis of the sale appointment.The detailed analysis of the liability for damage in the process of illegal removal was analyzed,and the chances of the price increase of real estate price increases were conducted to study and discuss the chances of the price increase of real estate prices.Since then,combined with the different issues of the typical cases of the commodity house trading in the practice,corresponding suggestions have been made.