Analysis And Comment On The Dispute Of Contract Implementation And Dissolution Caused By Real Estate Regulation Policy

Frequently in recent years,the real estate regulation policy,the resulting contract disputes influx into court.However,theory and judicial practice of the legal attribute of the real estate regulation policy differences in understanding.Thus lead to different criteria around the referee,which greatly influenced the authority of law.Overall theoretical research combined with case analysis in this paper,the method of writing,is divided into four chapters altogether.In the first chapter of this article selected cases are introduced,and put forward the two controversial focus.The second chapter,draw lessons from outside view of contract dispute case will belong to the category of public policy,real estate regulation policy and probes into the legal attribute of the real estate regulation policy,from the constitutive requirements refuted said a "material adverse change" point of view,and affirms the rationality of "force majeure" said,and the judicial practice generally adopt "reason not attributable to the parties" are discussed in this paper,don't think it belong to the third independent doctrine,but said the upper concept of "force majeure",need to be further defined in the legislation in its applicable conditions.In the third chapter,this paper analyzes the real estate regulation policy,the effective time of the real estate regulation policy is divided into restrictions and the limit of credit policy,believes the former directly form to cancel the contract without statutory basis,whether the latter constitutes of reason to the termination of the contract depends on the specific content,then when the regulation policy is unable to perform the contract shall be in the guilty party risk principle and the principle of causality.The fourth chapter,combined with selected case,for the prior agreement in the contract agreed by the parties to the case ruled out the terms of the policy implications are analyzed,generally held positive attitude to this kind of exclusion protocol.