The Application Of The Principle Of Changing The Situation In The Contract Of Sale And Sale Of Housing

The successful performance of the housing sales contracts, not only can meet the dreams of family’s housing, but also, to a certain extent, ensure the smooth and healthy development of the real estate market. While the performance of the housing sales contracts is inevitably affected by the real estate policies, it can be said that the policies constitute one of the basis for the performance of the housing sales contracts. Since 2008, the state has increased the intensity of the real estate market regulation, and a series of policies and measures about the real estate market continued to be introduced." Policy of Restraint on Bank Lending ", " Restrictive Policy on Home Purchase "," Capital Regulation Policy " have powerfully combat the speculative investment behaviors, and gave the housing sales contracts a profound impact, causing thousands of the contract disputes. These disputes also have become a key point of the current court trial. Whether the government’s new real estate policies can form a "situation", and then apply the principle of change of circumstances are the key of the problem.As the pacta sunt servanda exception, the Supreme People’s court requires all the court must apply the principle of change of circumstances carefully in each case, which also led to in judicial practice hardly any courts apply the principle of changed circumstances to solve the housing sales contract disputes.However, prudent application is not equal to shall not apply. If the "situation" is strictly in compliance with the principle of change of circumstances, applying the principle can not only effectively guarantee fairness and justice, also can protecting the interests of both parties to the maximum extent.Therefore, this paper classified the types of cases involving the principle of change of circumstances in the New Policy of the Real Estate, finding the main facts and reasons, then discuss the improve housing mortgage loans down-payment, to postpone the payment of housing loans and housing stock transaction fund supervision mode have brought about great changes to the environment of the basic performance of contract, and major changes in this is not attributable to each party, is unforeseeable, unavoidable, directly leading to serious performance obstacles in terms of the original contract, and it can not be remedied under the framework of the legal relief situation. So if still continue to perform the original contract, it will be obviously unfair to one party, and the purpose of the contract can not be achieved. Therefore, applying the principle of change of circumstances is indispensable in these contract disputes.