On The Application Of Law In The Disputes Over The Sale And Dispute Of Housing Under The New Deal Of Real Estate

Under the background of a rapid rise in the price of commodity housing, on March26,2005, the state council issued a Notice on the Practical Stable Housing Prices, which was called Country’s Eight Rules. After that, the local governments issued the new policies of real estate in their regions in succession. The issuing of these policies make the qualification of some buyers to purchase commodity houses limited, even make them lose this qualification for ever. Some abilities for performing the contract were limited for the reason that the first payment was improved or the interest rate of housing loan was increased. Some others were even unable to get a bank loan. All this will have an influence on the performance of the contract of commodity houses. So choosing the force majeure, the commercial risks or changed circumstances to solve disputes about purchasing commodity houses caused by the issuing of the new policies is the problem to discuss here.Chapter1in this paper introduces the background of issuing the new policies of real estate, and makes a summary about the types of policies which is easy to cause disputes about purchasing commodity houses, at the same time pointing types of which out.Chapter2makes a search for suitable laws to solve different types of disputes about purchasing commodity houses under the new policies of real estate by analyzing cases concerned. This paper argues that disputes about the types of property-purchasing limitations can be solved by the force majeure, the types of rising and falling of prices in the commodity houses can be solved by the commercial risks, and the types of limitation of housing loan and prohibition of housing loan can be solved by the changed circumstances based on the concept and application conditions of which to points its applicability out, and tells whether the new policies of real estate is in accord with standard of changed circumstances and its legal effect.Chapter3mainly introduces the debates about the changed circumstances in the legislation process of drafting the current Contract law and the judicial interpretation of the relevant provisions by the Supreme Court to put forward the prudent principle in applying the rules of changed circumstances under the new policies of real estate.