The Analysis Of The Effect Of "Restriction Of Purchase Order" On The Effectiveness And Performance Of Housing Contract

The purpose of this thesis is to study the effect of contract with different policy contents and the effects of compliance under the influence of "restriction of purchase order"."Restriction of purchase order " issued as a time node,divided into two major categories to discuss.The first part of the "restriction of purchase order " issued before the signing of the contract,in the implementation phase and has not yet signed the contract will be subject to policy constraints.The nature of " restriction of purchase order " is abstract Government administrative Act,which is not in the category of laws and regulations,so the contract of " restriction of purchase order " will not be invalid because of "the compulsory stipulation of violating laws and administrative regulations",and the promulgation of "limit purchase order" does not affect the validity of contract itself Under the influence of the policy of restricting the purchase of property buyers no longer have the eligibility to purchase,resulting in the contract performance can not be achieved,because the contract is not fully in accordance with the composition of "Force Majeure",and the objective performance of such contracts can not be directly invoked under the law,so the contract law can 117 th of the provisions of force majeure for the purpose of expansion of interpretation,will be restricted to purchase policies led to the implementation of the contract can not be the legal effect of theapplication of force majeure caused the contract performance can not be exempted from the contract and the legal effect of rescission.For the contract under the influence of the credit restriction policy,distinguish whether the contract expressly agreed to "mortgage loans",expressly agreed to "mortgage" way to pay the housing,in the inability to obtain loans can be identified as the loss of trading base,the application of "change of circumstances" principle,the parties may request the Court to change or terminate the contract,As for the settlement clause when the loan is not available,it is presumed that the parties have foreseen the performance risk in the conclusion of the contract and therefore do not meet the conditions of "change of circumstances",and shall continue to perform the contract and raise funds in other ways to pay for the housing payment.And for the performance process,due to delay in the performance of the contract caused by the "limit purchase order" to continue to perform the situation,the parties should be committed to the breach of the contract and the restriction of the purchase policy can not be processed in parallel,the fault party does not exempt from policy impact.The second part focuses on the issue of the validity of the contract after the "restriction of purchase order" was issued.At this time,the parties to the contract are restricted by the regulation policy by one or both parties to circumvent the policy to sign the contract,or the two sides agreed to enter into effective conditions of the contract.The former includes a buyer intentionally concealed,fictitious facts or counterfeit social security,tax and other proof of the purchase,loan qualifications,and uninformed sellers signed a contract.This kind of behavior damages the social public interest because of violating the normal economic order,or it can be regarded as violating the "public order" and making the contract invalid.The acts of malicious collusion between the two parties are equally ineffective for damaging the public interest.The avoidance of buying a house by borrowing a contract can be judged by the purpose of the actual right person buying the property in the case: if there is a legitimate or even urgent need to buy a house,you can affirm the validity of the contract,if there is evidence that the celebrity for speculation,store house and borrow the name of the house,such behavior is clearly contrary to the " restriction ofpurchase order " original intention,and social public interests,shall be deemed to be invalid.The agreement of the parties to cancel the contract for the entry into force of the contract by "restriction of purchase order " is permitted by the contract law of our country,and the contract with conditions is effective after the " restriction of purchase order " has been discharged.