Discussion The Application Of Principle Of Changed Circumstances In Commodity Housing Presale Contract

Principle of Changed Circumstances as an important principle of civil law,already had been applied in judicial practice for several times,even before the law make the precise definition of it.After the "Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of the Contract Law of the People's Republic of China(II)" released in 2009,this indicates that our law make the clear regulation on how to proper apply Principle of Changed Circumstances for the first time by judicial interpretation in our country.In addition to the basic characteristics of the Commodity Housing Presale Contract,due to the peculiarity of large value,long time of performance period,particular subject and ets,resulting it has its own particularities,during performance period of the contract,some external factors may leading consequence which may against the principle of fairness when still continue the contract,which create the application space for the principle of Changed Circumstances.What follows in the passage,author will analysis the application of the principle of changed circumstances in a Commodity Housing Presale Contract dispute which experienced in author's daily working experience and accordingly make some recommendations.The first part describes the basic situation and main issues of the case,the second part introduce the constitutive requirements of principle of change of circumstances and features of Commodity Housing Presale Contract,in order to show the significance on applying in this principle in above field,the third part analyze the priciple in the special case,the theoretical analysis of various countries regarding the resource of principle,in order to demonstrate how principle proper applied in this case,in forth part combine previous analysis,author may discusses some issues regarding dissolution and alteration of contract?renegotiation duty?commercial risks and delay of Performanc when applying in Principle of Changed Circumstances in Commodity Housing Presale Contract,the fifth part may combine author's previous working experiences,Making some suggestions and proposals,which may letting principle of Change of Circumstance applied in Commodity Housing Presale Contract case is properly and reasonably apply.