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The Characteristics And Judicial Settlement Ofpolicy-Default

Posted on:2012-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:N LiuFull Text:PDF
GTID:2166330335472611Subject:Law
Abstract/Summary:PDF Full Text Request
The new policy of《The Notice Of The State Council About The Problem Of The High Housing Price Of Some Cities》on April 2010 makes the market of real estate drops from the top to the bottom during a single night。A series of policies have been promulgated to control the rapid growth of the housing price in some cities by the country after the new policy, especially Beijing has promulgated corresponding strict regulations including increasing the ratio and the interest of the loan that make the housing market drop into the bottom。Plenty of houses, which have already been signed, and second-hand house buyers are forced to 'default'because of the high loan interest。This kind of default is different from the default defined by The Law Of Contract, so the pubic call it'polic-default'。In the cases of policy-default, the buyer according to the principle of force majeure and frustration of purpose to reject to perform the contract。However, the new policy even belong to the situation of force majeure and frustration of purpose, the new policy also can not become the reasons for the buyer to reject to perform the contract, according to the contract, the seller has the right to ask the buyer to continue performing the contract。The new policy promulgated by the state council is whether belong to force majeure and frustration of purpose or not is still under debate。The paper discuss the practical cases with new policy, force majeure and frustration of purpose to define'policy-default'and give some judicial settlement to solve this kind of problems。...
Keywords/Search Tags:policy-default, force majeure, frustration of purpose, judicial settlement
PDF Full Text Request
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