Principle Of Changed Circumstances Applicable In The Real Estate Sale Contract Dispute

Along with our country real estate's industry rapid development, presented one kind of new commercial housing market arrangements - commercial housing to sell in advance. It not only raises fund for the property developer, stimulates the management, avoids the risk, but promotes the residential building condition improvement. However, in the course of advance sale of commercial housing, the performance of the contract of advance sale of commercial housing lasts a long term and has a lot of uncertain factors, extremely easy to have the contract disputes. Alteration in different situations leads to a large proportion of the disputes, and at present our country laws do not provide change of circumstances. Therefore, this paper discusses in detail related issues of the principle of alteration in different situations applied in the contract dispute of advance sale of commercial housing, and give some legislative suggestions how to consummate the principle of alteration in different situations in the contract, in order to protect the legitimate rights and interests of parties of a contract ,to protect real estate healthy development of the market.The first part of the article elaborates the implication, the nature and the characteristic of the contract of the presale of commercial housing. By analyzing the type and the reasons of the contract disputes, we come to the conclusion that the principle of alteration in different situations shoud be applied to resolve pre-sale housing contract disputes. Therefore, the second part of the article further discusses the principle of alteration in different situations, and detailedly elaborates the conditions and the effect of applying the principle of alteration in different situations in the contract dispute about the presale of commercial housing, and analyzes the difference between the principle of alteration in different situations with other related concepts. So, it provides the theory basis and the referee standard to resolve pre-sale housing contract disputes. The third part of the article gives some legislative suggestions how to consummate the principle of alteration in different situations in the contract ,and the writer puts forward that China's contract law should make a clear provision to the principle of alteration in different situations and perfect the contract law system.