(1) The price of the subject matter of futures trading is not agreed by the parties in advance, but determined by public bidding on the futures exchange;
(2) The object of futures trading is the contract itself, not the commodity agreed in the futures trading contract;
(3) The main purpose of futures trading is for hedging and price discovery, not for obtaining physical objects. Therefore, in futures trading, there is little physical delivery.
(4) Commodities traded in futures must meet the requirements of large quantity, large price fluctuation, easy storage and standardization, such as grain, oil and steel.
However, in the pre-sale contract of commercial housing,
First, the price of commercial housing is determined by both parties when signing the contract, not through public bidding;
Second, the subject matter of the pre-sale contract of commercial housing is commercial housing, not the contract itself;
Third, the purpose of the pre-sale contract of commercial housing is to obtain housing, and it does not have the functions of hedging and price discovery; Fourthly, due to many differences in the area, location and units of houses, they do not have the characteristics of standardization, so in international practice, houses are not commodities for futures trading and cannot be used for futures trading.
It can be seen that the pre-sale contract of commercial housing is not a futures sale contract. It is clear that the pre-sale contract of commercial housing is not a futures trading contract, which can avoid using the pre-sale contract of commercial housing to conduct futures trading in disguise and maintain the trading order of the real estate market. In civil law, a contract with a term refers to a contract based on the arrival of a certain period of time. If the attached time limit is the basis for the contract to take effect, it is the extension time limit; If the attached period is the basis for the termination of the effectiveness of the contract, it is the termination period. In a contract with a delay period, the contract has been established, but it has no legal effect. Neither party needs to perform its obligations, and neither party has the right to ask the other party to perform its obligations. Only when the deadline is reached will both parties begin to perform their obligations; In a contract with a termination period, the contract has not only been established, but also taken legal effect, and both parties have begun to perform their obligations. Upon the expiration of the time limit, both parties will no longer perform their obligations and the contract will be terminated. In the pre-sale contract of commercial housing, both parties agreed to deliver the house within a certain period in the future. There is indeed a certain "deadline" here, but this deadline is by no means a "deadline" with a deadline attached to the contract. Because:
First, if the "term" in the pre-sale contract of commercial housing is regarded as the termination term in the contract with a term, the pre-sale contract of commercial housing has not only been established, but also taken legal effect. However, the pre-sale contract of commercial housing shall be terminated as soon as the time limit comes, and both parties shall terminate the contract. So as a pre-buyer, you can't get the agreed house. Obviously, this is contrary to the purpose of the parties to conclude a pre-sale contract for commercial housing;
Secondly, if the "time limit" in the pre-sale contract of commercial housing is regarded as the delay period in the contract with time limit, the pre-sale contract of commercial housing has been established, but it has not yet taken legal effect, and it will only take legal effect when it reaches the time limit. In this way, as a pre-seller, you can't ask the pre-buyer to pay a certain deposit or house payment. Obviously, this does not meet the requirements of the pre-sale contract of commercial housing. It can be seen that the pre-sale contract of commercial housing is not a sales contract with a time limit. The "time limit" in the pre-sale contract of commercial housing is a time limit for performance, and it is the specific time for the parties to perform their obligations. In the pre-sale contract of commercial housing, the buyer pays the house price by installment in most cases, which is similar to the installment sale, but it is not an installment sale contract. There are three reasons for this:
First, the subject matter of the installment sale contract must be delivered to the buyer after the contract comes into effect, so as to realize the economic purpose of the buyer. It can be seen that the subject matter of the installment sales contract must be in kind. However, in the pre-sale contract of commercial housing, the commercial housing as the subject matter does not exist or is still under construction;
Second, after the buyer of the installment sales contract accepts the subject matter, there are still more than two installments; However, in the pre-sale contract of commercial housing, the pre-buyer can pay all the house price in one lump sum or in installments before obtaining the house. The former is the installment payment before obtaining the subject matter, and the latter is the installment payment after obtaining the subject matter;
Third, the role of the installment sales contract lies in the seller's financing to the buyer to meet the buyer's lack of funds. The function of the pre-sale contract of commercial housing lies in the buyer's financing to the seller to meet the seller's lack of funds.
To sum up, the pre-sale contract of commercial housing is not an appointment sale contract, a futures sale contract, a regular sale contract or an installment sale contract. If the pre-sale contract of commercial housing is clearly stipulated in the law, the pre-sale contract of commercial housing belongs to the delivery contract of faster delivery. The so-called forward delivery contract is a contract in which both parties agree to deliver the goods within a certain period in the future. This kind of sales contract differs from the general sales contract only in the delivery period, but there is no difference in the conclusion of the contract, the determination of the price of the goods and the place of performance. Both parties must deliver the goods within the time limit stipulated in the contract, otherwise they shall be liable for breach of contract.