Research On The Implementation Of Urban House Demolition Contract

In recent years,along with the speed-up of the urbanization,all kinds of metroprograms of construction have been blossom out.Because the real estate market of first-tier cities has been gradually growing mature,lots of land agents choose to invest second and third class cities.Even though with the support of national policy and itself certain advantages on resource,it can't be denied that the second andthird class cities lack of rigid demand on housing.Land agents have carried out relatively large development scale,while the local people have insufficient ability to purchase house,which lead to that funds can not be recovered rapidly,causing the resettlement housing construction program can't be completed on schedule and a large number of unfinished building appear.Moreover,because of the collapse of the real estate market and the sharply decline of housing price,many households(relocated due to building demolition)intend to terminate the contract by means of developers' breach of contract such as the delay of delivery of housing,to avoid the expansion of loss.The developers have been in dilemma where they do not have enough funds to continue the construction of housing,and no compensation for households.In this case,it is quite important to properly resolve disputes between developers and households,because it not only relates to whether the rights of the parties are able to get legal relief,but also connect with social harmony and stability,and whether fairness and justice of law spirit can be reflected in every case.Even if part of cities have made some measures to resolve the problem of housing vacancy,the measures aim to the completed construction of the house,not to the unfinished houses.Considering the actual situation of the real estate market of second and third class cities,the author sorts out the typical problems arising in the process of fulfilling the resettlement and compensation agreement,including the delay of delivery of housing,quality problems of housing,quality problems of elementary decoration on housing and problems of public parts.These problems are mainly around the subject of compensation and resettlement agreement--house,and the essence of problems is associated with the achievement of contract's purpose,and with households' interest.After having consulted a large number of related case,literature and legal essays,the author have carefully studied,summarized and comparatively analyzed the nature of typical problems.Before putting up with the concrete solution,the paper has defined the scope of problems to be solved,and clarify the different aspects and categories in these problems,then analyzes breach causes,damages to rights and other influential factors.In this paper,the main solution follows the principle of strictly observing the contract.Therefore,in the cases that contract can be maintained and implemented,the delinquent party is asked to continue to carry out contract and bear the liability for compensation according to the regulations and actual loss.Only in the cases that the breach of contract has impeded the fulfillment of contract purpose,the parties are allowed to terminate resettlement and compensation contract.Hope that the typical problems and solutions put forwards in the paper could provide reference for the similar problems in the real estate market of other cities.