Discussion On Circumstances Change Theory And The Applicable To Housing Policy

Since the12th century, circumstances change theory in civil law and commonlaw has a long history of development and different countries have gradually beenincorporated into legal documents have become a law of contract theory, an importantsystem. A lot of scholars have dispute on circumstances change theory. Nineties oflast century in China issued the final draft of the contract the legal situation did notchange the principles into one, the Supreme Court in2009on the application of "ThePeople’s Republic of China Contract Law," Interpretation of Several Issues(2)theintroduction, shows that China has formally established judicial practice, the situationchanges to the system to adapt rapidly changing economic factors, the needs ofmodem society. However,we can not ignore a problem is that our legal right to changethe situation in question is too broad principles. Especially a large number of housingcontract dispute caused by the local government departments to suppress the realestate market, have been the introduction of regulatory policy. In judicial practice, thedistinction between situation changes and similar systems, as well as how to use theprinciple of changed circumstances in such disputes orderly, is worthy of the legalpractitioners to think deeply about it.The paper has the idea of combining theory and practice, using the method ofliterature, case analysis and experience method, consider the change of circumstances in the general application and specific application in the real estate regulation. Firstly,the development of the changed situation principle. This part constitutes the origin ofthe principle of the changed circumstances, summarizes the continental law systemand common law; summarizes the principle of the changed circumstances since thefounding of legislation in our country and the applicable conditions andcharacteristics of the judiciary. Second chapter focuses on the composition ofelements of the principle. Third chapter contains the applicable conditions of changedcircumstances, as well as the difference with force majeure and commercial risk. Thefourth chapter is the principle in the market regulation policies Applicable Study. Byanalyzing and comparing on a variety of market regulation the types of policy, to findout the circumstances of the applicable Change of Circumstance.