Research On The Legal Effect Of The House-trading Contract Dissolution

As a kind of sales contract, the legal effect of the house-trading contract dissolution should apply for Article 97 of the Contract Law. But on one hand, house is a special kind of real estate. According to the different nature and kinds of the house-trading contract, the differences of application of law and policy, as well as the different contract performance situations and contract dissolution reasons, the legal effect of house-trading contract dissolution is quite different from the legal effect of the discharge of the general trading contract. We cannot generalize, copy mechanically and apply slavishly. On anther, this article is general, it doesn't provide the meaning, scope, nature of restitution, the content of remedy, the specific scope of compensation and the impact on the related contracts. Due to the lack of practicality, it has aroused controversies among critical jurists and chaos in the judicial practices.Based on the consideration of the house-trading contract and respect for the party autonomy, this text stands for the fixed direct effect. The house-trading contract is instant contract which is retroactive. Thus after contract dissolution, the relationship will eliminate retroactively and make restitution. Unlike the restitution in other article, the restitution of the house-trading contract means return the delivered objective, namely one party delivers the house and cancel the registration of it, while the other party returns the payment of principal and interest. According to the different content of restitution, it will have a different nature. Besides, to adopt other remedial measures refers to when according to the property the contract can't recover, according to the performance situation it should not be recoverable, and one party rendered non-conforming performance, the remedial measures are allowed to take. In addition, demand compensation for damages means the responsible party should make up for the loss of damages to the opposite one.And the dissolution of the house-trading contract can coexist with the claim for damagecompensation, but the scope of it is different with different dissolution causes. The damage compensation scope of recession of agreement gives priority to the agreement of the parties. Besides, in the circumstances of the discharge of contract by breach, the losses in acquirable interests are included, such as price loss between the house and the resale profit loss. While in principle a party is not liable for damage, will he not bear the responsibility of compensation. What's more, the dissolution of the house-trading contract also has an effect on the mortgage loan contract, house-trading intermediary service contract and guarantee contract.