Risk Prevention of Selling Off Pre-Sales Property Rights - Exploration of the Management System for Residential Property Pre-Sales

Author: Yang Chengzhi
Publisher:
Publish Date: 2006-09-01
Features: In this book, the author conducts research and analysis on the current legal system of presale of commodity housing, combining legal theory research with real estate practice. By examining the shortcomings and legislative flaws in the legal system of presale contracts, particularly the defects in the registration and filing system for presale contracts, as well as the new legal relationships arising after the signing of presale contracts, the book discusses from a practical perspective the legal nature of presale contract filing, the legal nature of the resale of presale housing, and the legal nature of presale mortgage. The author hopes to achieve the following through legislation:
First, improve the current registration system for presale contracts by granting quasi-real property rights effects to presale housing registration through notice registration, thereby protecting the rights of pre-purchasers from infringement by later parties and truly safeguarding their interests.
Second, legally determine the legitimacy of the resale of presale housing and establish unified rules for resale, regulating the types, conditions, and procedures of presale housing resale.
Third, strictly distinguish presale mortgage from mortgage in law, define the nature of presale mortgage according to the characteristics of assignment security, and clarify the registration authority, registration methods, registration procedures, and registration effects of mortgage. At the same time, formulate standard-form contracts for mortgage to balance the interests of both parties and protect the legitimate rights and interests of mortgage parties.