Research On Legal Issues Of Property-owned Shops Contract Dispute

With the acceleration of urbanization and the continuous growth of commercial property demand,property-owned shops have become a common form of commercial real estate,bringing significant impact to China’s economic development.The core of property-owned shops operation concept is the separation of ownership and use rights of commercial property.The realization of the operating concept of property-owned shops involves multiple links,with many contract parties and complex contract types.The contracts are independent but also have a certain degree of connection,resulting in a large and complex contract dispute.However,as an emerging form of commercial real estate,China has less unified legislative guidance for resolving relevant disputes,and courts also have different views in their judgments.Therefore,academic and practical circles are exploring reasonable dispute resolution mechanisms to solve disputes at the root and protect the interests of all parties,and propose rational suggestions for the improvement of relevant laws and regulations.Therefore,the study and discussion of the Legal Issues of property-owned shop contract disputes are of great practical significance.In judicial practice,there are various types of contract disputes related to propertyowned shops,but there are relatively concentrated disputed types that have large controversies in theory and practice.These include disputes over sublease contracts,sales contracts,and breach of contract liability.These three types of disputes are interrelated and progressive,and the resolution of these three types of disputes can play an important guiding role in the resolution of other types of property-owned shop contract disputes.Therefore,this article analyzes the basic theory and practice of property-owned shops.Starting from the property rights attributes related to propertyowned shops,using "penetrating thinking" to explore the true intentions of the contract parties,studying the scope of the investor’s rights,the relationship between various contracts,and the relationship between the parties involved.Gradually clarify the path to resolving legal issues related to property-owned shops contract disputes,including the need for unified registration of property-owned shops,recognition of investors as the separate property owners of commercial space,recognition of the relationship between various contracts as a contract linkage relationship,and recognition of the legal relationship between developers and agents as a commission contract.The following conclusions are drawn: with regard to the scope of investor’s rights,the investor’s right to recover commercial properties cannot be restricted;with regard to the relationship between contracts,the effectiveness of various contracts are related;with regard to the responsibility of the parties involved,the developer should bear the responsibility,and in exceptional cases,the developer and the agent should bear joint and several liability.