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On the Improvement of Protection of the Pre-Purchasers’ Interests in Pre-Sell Contract of Commercial Buildings

Author: WangDeTao
Tutor: YangYuKai
School: Shenyang Normal
Course: Civil and Commercial Law
Keywords: Real estate sale contract Yu Gouren rights Legal protection
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 80
Quote: 0
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Abstract


Since the reform and opening up , with the rapid economic development of our country , such as food and clothing of the people has been greatly improved , however , housing has become the primary problem bothers everyone . With the further development of the market economy , the state land use rights can enter the market for the common role of trading and the original housing system reform on many factors , the national real estate development market has entered a phase of unprecedented prosperity . The introduction and implementation of the pre-sale system , change the financing environment for real estate enterprises , while installments , so that people become possible in the case of insufficient funds to purchase houses . The pre-sale contract when the two sides signed are, with good wishes, and hope that their rights can be realized within the scope of the law . However , the reality is cruel , the real estate sale in China only decades old , thus the legislation Yu Gouren rights protection is not comprehensive legislative adjustment mechanism immaturity the private right main interest unreasonable on the balance of the interest in the real estate sale and the lack of protection mechanisms reasonable and fair , the contradiction between the interests of all parties in this system brings together . Therefore, how to improve the legal system of the real estate sale contract of Yu Gouren rights protection has become an important topic facing justice theory and legislation and practice . This paper is divided into four chapters : The first chapter is a general theory of Yu Gouren rights . The Chapter II real estate sale contract in Yu Gouren rights protection legislation , mainly on the protection of property law and related legal provisions of Yu Gouren rights . The third chapter is the real estate sale contract of Yu Gouren rights protection analysis , mainly on the reality of the protection of the rights of Yu Gouren run overall evaluation and Yu Gouren rights of protection . Chapter perfect the mechanism of protection of the legal aspects of for our Yu Gouren 's rights , broaden the channels of judicial relief from perfect to provide legal basis for the relevant aspects of the legislative , for Yu Gouren rights protection ; , for Yu Gouren rights protection to provide comparative to illustrate aspects of the full and timely judicial protection .

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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