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Analysis of real estate sale in the main conflict of rights and regulation

Author: ZhaoPing
Tutor: ZuoJiZhi；HouJianYing
School: Guizhou University
Course: Legal
Keywords: Real estate sale main conflict of rights The balance of interests Regulation
CLC: D922.29
Type: Master's thesis
Year: 2007
Downloads: 165
Quote: 0
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Abstract


Real estate sale real estate developers will be under construction housing pre-sold to the Yu Gouren, Yu Gouren, pre-paid deposit or paying back the principal behavior. Real estate sale has a strong state intervention of the characteristics is a complex, involving stakeholders more powerful risk transactions. Real estate developers, the Construction Contractor, commodity house, bank and other stakeholders involved in the legal relationship of real estate sale. Real estate developers have developed the right to profit, the Construction Contractor for the project price enjoyed Legal Hypothec the commodity house have the right to expect a \Enjoys a convention mortgage. When real estate developers, Yu Gouren,, banks, the Construction Contractor rights conflict, how to achieve a balance of interests within the legal framework is a pre-sale legal system should be compliance systems with important content. Lag because the current legal system and management measures, resulting in a right to conflict-prone and conflict, there is no perfect balance measures. In this paper, the five aspects to improve the thinking of the real estate sale management system. In of Yu Gouren rights protection mechanism should strictly control the establishment of the conditions of the real estate development company, to improve the management of pre-order contract, strict control of the pre-sale conditions eliminate Yu Gouren rights to protect the vacuum. In the interests of the Construction Contractor, survey and design of the construction project should be included in the body enjoys the Legal Hypothec improve the start time of the exercise of the priority claim on the Construction Contractor, so that the system can really protection of the interests of the Construction Contractor. For bank interest, in clear property developers are built mortgage scope of the subject level, to limit real estate developers will be ready in the pre-sale housing as a loan secured by mortgage; perfect pick between multiple mortgage operability. Registration system for the implementation of the Property Law of the People's Republic of China to reduce the appearance of a conflict, shall establish and improve various aspects of the registration system. Ultimately, the information disclosure system should be established to maximize public real estate sale in the room to open in the process of housing construction and pre-sale information at all stages of the development of the real estate developers, real estate is under the supervision of a public, The symmetry of information to reduce the occurrence of fraud, while reducing conflicts of interest.

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