论商品房认购书之法律效力民商法学专业论文.docxVIP

PAGE PAGE 3 4 4 Abstract The effectiveness of Commercial housing subscription book has been disputed for a long time, and theoretical and practical field are unable to reach a consensus. The author attempts to use the basic theory of the contract, to explore the nature of the subscription book, and on this basis,to demonstrate the legal effect of the subscription book. The first part of this article has made the definition of commercial housing subscription book, that the subscription book appointment contracts are a pre-contract of real estate (in advance) contract for the purpose of a real commercial housing contract. In practice, according to the subscription book is a locked room number or not ,the subscription book is divided into the locked room number subscription book and unlocked room number of the subscription book. Whether the real estate developers.has got a administrative permission for pre-sale, the subscription book is divided into the internal the subscription book and external subscription book. The reason why we to make this distinction is that effectiveness of the subscription book is somewhat different. The theoretical basis for the pre-contract is the principle of the autonomy principle and economic benefits.t The French scholar, in theory,divided the subscription book into priority agreement,a unilateral promise for the contract, agreed principle agreements. American scholars according to the appointment of the actual significance of the appointment will be divided into negotiations appointment of the line and with the appointment of the outstanding provisions. Contracting said in theory, the effectiveness of the appointment and must negotiate said, I think that what is the effectiveness of the reservation exactly depending on the type of appointment. The second part of this paper focus on the identification of the real estate subscription book. The nature of the real estate subscription book is a pre-contract, but in practice ,there are som