The Exploration On Application Of The Changed Circumstances Principle In The Process Of Commercial Housing Sale

In recent years, in view of house prices,land prices rising too fast,speculative buyingand such outstanding problems are active in some cities appear, the state has adopted aseries of measures in the real estate market regulation. On April17,2010, to curbunreasonable demand for housing, the state council issued"ten real estate policies" to putforward stricter differential housing credit policy. Immediately after,the relevant ministriesand commissions under the state council issued a series of real estate market regulation,bank credit, tax and other aspects of form a complete set of rules. The policy has morefar-reaching influence on the real estate transactions, the party in the housing sales alsohave had an impact in contracts and obligations. The country gradually emerged sometraders on the grounds that the national real estate macroeconomic policy has changed,remove requirements apply the principle of changed circumstances of the sale andpurchase contract. At the same time, the principle of the changed circumstances itsconnotation of abstract, the disadvantages of standards, is easy to be abused.There are greatcontroversy in theory and in practice. How to accurately grasp the application of theprinciple of the changed circumstances in the process of commercial housing sale, how toensure that commercial housing transaction security and justice is very prominent in thepresent judicial practice, the paper combining with the relevant legal provisions, discussesthe principle of the changed circumstances in the applicable law in the process ofcommodity house business, hope can be useful for practical use.Content of this article is divided into four chapters, the first chapter mainly expoundsthe history of the principle of the changed circumstances, comparative law, on the basicproblems such as investigation and development in our country. Chapter2and chapter3respectively to solve the principle of the changed circumstances to specific applicable in the commercial housing sale two basic theoretical problems. The second chapter mainlydiscusses the external problem, that is, to understand the necessity of introducing theprinciple of the changed circumstances in commercial housing sale, to clarify therelationship of system and the related legal system of the changed circumstances,especially the performance of the barrier method various system of division of labor,coordination and cooperation on the function problem; The third chapter mainly discussesthe internal problems, namely, apply the principle of changed circumstances in thecommercial housing sale of constitutive requirements and legal effect. Fourth chaptercombining case, in view of common commercial housing sale practice the principle ofchanged circumstances, studied the typed into practice in the specific settlement forprovide some train of thought.