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Intermediary contract of sale of housing deposit terms

Author: LiAiJia
Tutor: ZhengYunRui
School: East China University of Political Science
Course: Legal
Keywords: Earnest Brokerage Contracts Reservation
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 141
Quote: 0
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Abstract


Deposit system as a means of debt to ensure that, as early as in Roman law that is required. In our practice, the deposit terms are used in a large number of second-hand housing contract for the sale among the intermediate housing, but our law does not expressly provide in the intermediary contract related to the specific provisions of the deposit and the resulting disputes are numerous. Intermediate housing deposit explore the nature of the contract of sale, pre-payment norms and dispute handling after the deposit has some theoretical and practical value. Try intermediate housing contract for the sale from the perspective of the complex nature of the problem as plain deposit research. This paper is divided into four parts. The first part is drawn intermediate housing contract for the sale of the deposit disputes this theme, for practical cases and court cases are introduced to close the case. First, through the real typical cases enhance perceptual intermediary sales contract deposit disputes. Second, the court cited the statistics reflect the number of cases and treatment difficult. Finally, the closing of the case and the case of the analysis, which reflects collate legal issues, improve intermediary sales contract deposit disputes rationally. The second part is summarized in the first part to undertake legal issues, find the cause of these problems. On the one hand from the legislative point of view that the legal regulation of intermediary parties is caused by lack of intermediate housing contract for the sale of deposit disputes frequent cause legal defects, operation anomie, contrary to the integrity, the absence of regulation are specific performance; hand from France economics point of view that the economic trade-offs is the case both parties incentives to breach easily escape, the pursuit of the interests of the disputes. The third part is a brief introduction to the theory of the deposit, trying to practice the use of traditional theory to solve disputes in the deposit, but found some deficiencies, not only in the deposit can not be accurately defined conceptually intermediate housing contract for the sale of the deposit, in the name of the master contract , the parties disputed areas, but also on how to identify the establishment and effectiveness of the deposit is also problematic. The fourth part is the core of the article, according to the case reflects the problems and cause analysis, from the housing contract for the sale of the complex nature of intermediate angles deposit disputes propose solutions, and think about its preventive mechanism. First, an intermediate housing contract for the sale is to clarify and narrow intermediate and appointments with the nature of hybrid contract for disputes foundation in theory. Secondly, the proposed authorization from the complex nature of the contract of sale Housing intermediate reservation deposit is a deposit of view, and that the reservation deposit is a deposit of default established conventions of both the nature of gold. Then, in view of the positioning of reservation deposit, analyze disputes Focus - Pre-payment of the deposit operation, stated that this is the scope of freedom of the parties intention, but intervening party unscheduled party, no deposit disposition. Then, specify that the deposit disputes identify and deal with the legal consequences. The reservation deposit is a deposit based on this position, the distinction between the case of default without an appointment, and scheduled an appointment breach of the Agreement is invalid reservation deposit made three conditions for different treatment. Finally, the deposit dispute extended thinking, put forward by setting a reasonable period of time, establish credibility awareness, standard industry practices, refine the law to create a dispute prevention mechanism.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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