Study On The Principle Of Changing The Contract Of Sale And Purchase Of Commercial Housing Under The Regulation And Control Policy

In recent years,with the rapid development of China's market economy,the real estate market develops rapidly,the housing demand increases constantly and the sales of commercial housing transactions increase year by year.These lead to a great increase of contract disputes in the field of commercial housing transactions.The regulations such as purchase limit","credit limit" and "price limit" pushed by government and more and more housing contract disputes become a focused problem..After the real estate estate control policy comes into being the contract is unable to be performed or not to be performed fully because of many limited reasons.At that time,the buyers tend to change or even cancel the contract for purchase limit and credit limit policy,but they never provide any evidence to prove whether the real estate control policy influences their trade,which leads to many contract disputes.Many real estate control policy such as" purchase limit" and "credit limit"can't be simply identified as the case of force majeure on the" contract law" or the general sense of the business risk.Therefore,the clients take the case of Changed Circumstances as the reason of the change or cancel of the commercial housing sales contracts.There is no provision about the Principle of Changed Circumstances in the"contract law" and "the explanation of Commercial housing",the Principle of Changed Circumstances is only set in the 26th article of the "contract law(the second explanation)".Therefore,the court takes the conservative and evasive attitude about the Principle of Changed Circumstances taking in the sale of commercial housing contract disputes in both theoretical realm and juridical practice.The court often takes the mediation strategy to solve problems.And for the case which can't be mediated,the court's judgments are totally different because there is no clear legal basis.Nowadays,the market economy becomes more and more active and the market situation changes constantly.It is extremely unfavorable and unfair for the legitimate rights and interests of the clients.This paper tries to start from the practical point of view,on the basis of the theoretical analysis of the principle of change of the situation,aims to make a type research for a topic that under the influence of control policy,whether change or cancel the contract can apply to the principle of Changed Circumstances,how to apply to the principle of Changed Circumstances and the legal consequence after applying to it.I hope this paper can provide some evidences for the judgment and build a basement for a justice judgment.