Law Application On Principle Of Variation In Real Estate Transaction Disputes

The policy of house price control in China is continuous and progressive. Inaddition to cooling the overheated real estate market, a series of price control measureswill also cause a phenomenon of “check-out tide “. This phenomenon reflects thepractical existence of contract dispute in the transaction of the commercial residentialbuilding. It is a solution to the dispute by using the principle of variation according tothe present measures.The essence of the principle of variation is the concrete application of the principleof good faith and fairness in the performance of the contract. Applying the principle ofvariation in the price regulation triggered by the disputes of the real estate transaction isimportant. But, at present, China is neither clear in the "Contract Law" changedcircumstances the principle of the status and conditions applicable to real condition,there is no clear legal principles on how applicable to the situation in the real estatetransaction disputes triggered by the control of national policy change, there are a lot ofcontradictions and confusion in the real application.This thesis is based on the backdrop of “check out tide “caused by the nationalprice regulation. This thesis contains five sections. The first section introduces thegeneral idea of the principle of variation. It includes the concept of the principle ofvariation, the condition of application, the analysis of the disparities compared withother definitions as well as the development tendency in the modern society. TheSecond section investigates the necessity and feasibility of the application of theprinciple of variation. In addition, it analyzes the two types of the application of theprinciple of variation according to the national macro-control policies. Third sectionexamines the main context of the principle of variation by discussing the examples. Itemphasizes the function of the division of the condition of the principle of variation.The Fourth section emphasizes the principle of variation. It clarifies the legal basis forthe restriction applies to the principle of variation and its practical significance andimportance to prevent from abusing. The Fifth section summarizes the current disputeapplicable to the situation of China’s real estate transaction changes a matter ofprinciple based on further improvements and perfects the changed circumstances inorder to promote the principles applicable in the real estate transaction disputes.