Influence Of The Housing Purchase Restriction Policy On House-selling Contract

With the deepening of the housing market reform,most families in China have to rely on the commercial housing market for housing.In recent years,housing prices in some cities have risen too rapidly.To promote the smooth and healthy development of the housing market,the central government and local governments have adopted a series of regulatory measures,including housing restriction policies.The housing purchase restriction policy has the corresponding legal attribute,but there is no direct restriction policy in the civil law of our country.Influence of the housing purchase restriction policy on house-selling contract about how it affects and what impact it will have is worthy of attention and research.Without restriction about application of policies,it will affect the authority of the law.In view of this,this paper takes Miss Zhou's case in the city of Shanghai as an example.Based on the legal attribute of the restriction,the article compares the restriction policy with the civil law stipulation employing the method of empirical,comparative and normative analysis,and finds the transformation of the restriction policy in the civil law,finally gets the judicial application method of national policies.The full text is divided into four parts:The first part is the basic situation of the case,mainly including the cause of action,the basic facts of the case,controversy and the focus of controversy.The second part is the legal analysis of related issues.Firstly,the paper analyzes the legal attribute of the housing restriction policy,and holds that the restriction policy belongs to the abstract administrative act in the administrative law,but it does not belong to the mandatory provisions in the law or administrative regulations.The restriction policy belongs to the national policy,and has the public interest attribute in the civil law.The influence of housing purchase restriction policy on the establishment of contract and the effect of contract mainly depends on the definition of public interest.If the restriction policy does not cause the contract to be null and void,it may affect the performance of the contract through the change of circumstances.Since the restriction policy is not insurmountable,the restriction policy does not belong to force majeure.The third part is the analysis and conclusion of the case.Housing policy is relate to the housing right which is one of the basic protected human rights.The restricition policy can be translated into public interest to affect the validity of the contract.As the housing restriction policy is not insurmountable and avoided,it belongs to changed circumstances,not a force majeure.Based on the defendant's plea and counterclaim,two parties has the satisfaction of terminating the contract,so it is not improper to terminate the contract.The fourth part is the inspiration of the case.On the one hand,the civil policy can be promoted to affect through legislative translation or judicial interpretation and so on.On the other hand,the civil policy can be brought into effect by translating into the basic principles of civil law or specific regulations.However,the transformation of civil policy should be strictly limited.The transformation of civil policy that is not a national level should be prohibited.The premise of the transformation of the national policy is that the law has no specific provisions.The interests should be measured if the national policy is considered to be translated.