Research On The Application Of The Principle Of Change Of Circumstances Under The Real Estate Regulation And Control Policy

As an exception to the theory of "strict observance of contract",the principle of change of circumstances has a certain significance to explore its application space in judicial practice.At the beginning of the legislation,the contract Law of our country did not put the system into law because of the worry about the abuse of the situation change.At present,only the relevant judicial interpretation and guidance issued by the Supreme Court are applied prudently in accordance with the basic principles of civil law.In recent years,the national property regulation and control policy has an impact on the contractual relationship.These cases provide an opportunity to explore the application of the principle of change of circumstances.As a balance tool,the principle of change of circumstances has the value of maintaining the substantive fairness of the contract.However,there are still many problems in the judicial application of the change of circumstances,such as not judging the standard,too much emphasis on the situation of the use of caution resulting in non-use,the application of unreasonable procedures,the not clear legal consequences of the application,and so on.The application of the principle of change of circumstances is still lack of standard and experience,and has not formed a reasonable and effective method of legal application yet.This paper analyzes the application of the principle of situation change under the background of real estate regulation and control policy.Combined with the main differences between situation change and force majeure,commercial risk and so on,this paper defines the legal nature,reveals the value of the principle of situation change in the civil legal relations of our country,and clarifies the theoretical framework of situation change further to construct the concrete thought of applying the principle of situation change in judicial practice.