Research On Policy Default Under The New Property Policy

With China's gradual entry into the era of housing purchase restriction,the central and local governments have issued a lot of normative documents for the purchase restriction.Of course,these normative documents have their positive aspects,such as regulating the real estate market,stabilizing and controlling house prices.However,it is undeniable that these normative documents also bring many legal problems,one of which is the policy breach of contract for the sale of houses.In this paper,a more systematic and specific research has been carried out on this issue.With the increase of restrictive purchase nonnative documents,the judicial cases of policy breach of contract have accumulated a lot,forming abundant judicial resources for research.It is worth rethinking that the positions of different courts in judicial practice are quite different with regard to policy breach of contract.There are various doctrines such as force majeure doctrine,situation change doctrine or neither doctrine,and the relevant doctrines in judicial documents are also unsatisfactory.In fact,the disorder of judicial practice reveals a theoretical problem.In fact,there is no consensus on the distinction between force majeure and change of circumstances in theory.This paper examines the system of force majeure and change of circumstances from a theoretical point of view,discusses the concept,nature,the distinction between the principle of change of circumstances and commercial risks,the concept,composition of force majeure,the preliminary distinction between the principle of force majeure and change of circumstances,and then combs the applicable points of change of circumstances accordingly.Good practical research needs sufficient and convincing theoretical support.This paper rethinks some traditional opinions on the distinction between force majeure and change of circumstances,and points out the contradiction between logic and evaluation.Starting from the historical angle of force majeure and change of circumstances principle and the different functional status of force majeure and change of circumstances principle in contract law system,it points out that the difference between change of circumstances and force majeure is not the difference of fact type.It is the different degree of influence on the performance of the contract.The author suggests that we should differentiate the two concepts in terms of their impact on the performance of contracts,and regard them as parallel systems,each performing its own duties and playing its own due functions.Finally,this paper returns to the practical problems,and argues that under the guidance of typified thinking,the purchase restriction normative documents should be divided into two types:the housing purchase qualification restriction type and the loan condition restriction type.On this basis,the principle of change of circumstances under different types and the applicable space of force majeure should be discussed.