An Analysis Of Pre-sale Contract Of Commercial Housing Disputes Between Mr.Zhang And Huiyuan Company

Since 2008,housing price shows the problem of rising explosively and continuously has caused significant impact on life of the ordinary.To ensure the sales and purchases contract perform smoothly,and to ensure the stable and sound development of the real estate market,the State Council issued a series of real estate regulation policy,such as "National Ten","National Five","Updated National Eight"etc.Real Estate New Deal such as "limit credit","limited purchase" and "fund supervision" and so on has caused an effectively strike on opportunistic investment behavior.Meanwhile,it also caused profound influence on the implementation of the common sale and purchase contract.The trend of "Breach of contract" and"Check-out" has caused dispute between sale and purchase contract,and it also become a key and difficult point in court trial currently.Since 2008,there hasn't been any consensus on which legal system should be adapted to resolve the legal disputes arising from the Real Estate New Deal.One of difficulties in this is whether the government's "Real Estate New Deal" can adapt to the principle change circumstances.If it can apply the principle change circumstances,then it can be introduced then coordinate the obligation to the original contract to bargaining adverse balance of the interests of both parties.This paper mainly analyzes Zhang and Huiyuan's contract dispute cases and three auxiliary cases,which leads to two disputes in the academic community for such cases:First,whether Zhang and Huiyuan's contract dispute cases should apply the principle of situational change Cancel the contract;Second,in the event of the application of the principle of situational change to resolve disputes,whether there should be re-negotiation obligations in our country's legal or judicial practice.The above-mentioned controversies exist in practice and there is a large point of view that cannot be unified.The paper aims to systematically analyze them based on the current laws and relevant academic theories in China.Based on this,the court judges the verdicts made by the court,pointing out that the law is established and the courts are What needs improvement in the trial process.Studying and analyzing these issues can effectively promote the protection of the parties to the contract and the role of a stable economic order.In order to solve the above-mentioned disputes arising from the sale and purchase contract of commercial housing caused by the "New Deal of Real Estate",on the one hand,our country's laws should strengthen the protection of both sides of the contract and formulate a sound legal system to regulate the contract disputes caused by such administrative actions.On the other hand,the court should strictly follow the legal provisions and proceed from the principle of safeguarding the interests of both parties to the contract and promoting the principle of transaction.The case should be examined in light of the actual situation and combined with various factors.There is a law that can be applied and there must be a precondition to achieve the protection of the legitimate rights and interests of both parties,promote transactions,and stabilize the economic order.