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The Application Of Changed Circumstances In Previous Contract Of Purchasing Commodity Houses

Posted on:2012-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhaoFull Text:PDF
GTID:2166330338999750Subject:Law
Abstract/Summary:PDF Full Text Request
The changed circumstances is an important content of the contract debt system for the modern civil law. With the"New Country 10"issued under the State Council, the changed circumstances for processing the correct use of relevant dispute is significant.This paper is first through the contract dispute caused by the"New Country 10"issued,the author proposes whether the national policy adjustment can be as a form of changed circumstances or not, and how can we apply this principle to the real estate dispute. The first chapter, the author introduces the fundamental theory about changed circumstances, including the definition, characteristics and application and legislation of it. The second chapter, the author analyzes the necessity and feasibility of changed circumstances. The principle can guide and coordinate a field of the social relations. The previous contract of purchasing commodity houses is a kind of special form,and it can also apply changed circumstances to deal with the dispute of real estate. The third chapter is the key content of the whole thesis and this part is also important to solve the problem. By distinguishing the principle of changed circumstances with the force majeure, commercial risk and unconscionability, we can know that the country of commodity policy adjustments is a form of changed circumstances.The Court should correctly use changed circumstances to handle the relevant dispute of the previous contract of purchasing commodity houses by the party's application. Only in this way, can we truly achieve fairness and justice, and maintain the lawful rights and interests of the parties.
Keywords/Search Tags:changed circumstances, previous contract, force majeure, commercial risk, unconscionability
PDF Full Text Request
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