The Application Of Principle Of Changed Circumstances In The Housing Sales Contract

Over the years, the Chinese government promulgates a lot of macroeconomicregulations and control policies in order to guarantee and improve people’s livelihood,adjust and control the healthy development of real estate industry. Since2010, due tothe increase of control power, content of policy appears larger changes, like the downpayment ratio increase, loan interest rates rise, it makes housing sales contracts whichhas not yet been fulfilled change a lot, the contract cannot be performed appropriately.For apply the principle of changed circumstances to solve the problem of the policydefaults, this article through to the introduction of the history, legislative purpose,basic concept, theoretical basis and constitutive requirements of the principle ofchanged circumstances, and the analysis of the feasibility and necessity to apply theprinciple of changed circumstances to solve the problem of the policy defaults,obtained that it is the suitable measure to solve the current policy defaults of realestate contract. And make a summary of the law effect of applying this principle, intheory. At the same time, to the defects of judicial practice of applying the principle tosolve the problems, suggest that we should state the legal attribute of real estateregulation policy clearly, perfect the application procedures, define the legal effect ofthe principle of changed circumstances and limit the discretionary power of the judge.In order to provide intellectual supports in applying the principle of changedcircumstances reasonably and effectively.