"Restrictions" And Its Processing Under The Housing Restriction Policy

"Restrictions" is the government’s macroeconomic regulation and control policy for the control housing prices. For housing prices is rising and even exploded in China in recent years."Restrictions" of has a huge impact on commercial housing sales contract and has caused many disputes. This article through to "restrictions" on content and attribute analysis and classification, discusses the solution of "restrictions" property sales dispute processing method.The first part introduces the background of the "restrictions" promulgated, classifies and accounts the so far "restrictions" content. At last it finds the commonness and differences between "restrictions"The second part introduces the dispute of "restrictions" commercial housing sales types and their performance. Dispute mainly include: commercial housing sales contract dispute before and after "restrictions" issued, the contract dispute of buyers and sellers under "restrictions", contract disputes arising between the buyer and intermediaries under "restrictions", disputes between the buyers and the registration organ under "restrictions", disputes between the actual buyers and in the name of the owner under "restrictions".The third part through the analysis of the legal attribute of "restrictions" to discuss "restrictions" whether belong to the force manure or changed circumstances or not attributable to the main content of the parties and business risks, besides this part also analyses the differences between the force manure and changed circumstances, the relationships between not attributable to the parties and the force manure and changed circumstances, the differences between business risk and the situation changes. Finally come to the conclusion that "restrictions" belong to the changed circumstances. On this basis, author thinks that the parties to a contract can change or rescind the contract agreement if the "restricted" in which contract is difficult to perform or not perform.The fourth part proposes different solutions for different types of disputes. The author thinks that when actual buyer spends money to buy the house and in the name of the owner transfers the ownership of the house to him, because the deals damage to social benefits so the contract is invalid.