On The Application Of The Law Of Individual Housing Sales Contract Disputes Under The Restriction Order

The restriction order refers to the government's housing purchase restriction policy.On April 30,2010,Beijing promulgated the "National Ten Implementation Rules",which is the first time in the country to limit the number of purchase orders.Since then,49 cities above the prefecture level have implemented the restriction order.Real estate purchase restriction order not only aims to control the rapid growth of urban housing prices,but also through this measure to promote the healthy development of the real estate industry.Since the reform of China's housing system,housing prices has risen gradually and speculative investment in housing is active,which makes it difficult for ordinary people to solve the problem of individual housing,resulting in intensified social contradictions.In order to suppress this undesirable trend,the Chinese government,from the perspective of the national economy and people's livelihood,has played a role in macroeconomic regulation and control of the economy,and issued the "Individual Housing Restriction Order".The specific provisions of the housing restriction order cover a wide range of disputes.There are both supporters and opponents of the housing restriction order.Supporters believe that it has a unique role in restraining the rise in housing prices.Since the implementation of the "restrictionorder",public opinion and public attention to this policy has never ceased.First of all,we are concerned about the impact of the "purchase restriction order" on society and ourselves,but we also need to understand some theoretical issues about the "purchase restriction order",such as: the background and reasons of the "purchase restriction order" issued by the state,and so on.Opponents believe that it has many illegality,violation of the constitution,contract law and property law.The house purchase restriction order includes many kinds of restriction means,such as subject qualification,individual housing transaction process and the establishment of real estate registration conditions.It is lawful and necessary.These disputes are mainly caused by disputes before and after the issuance of purchase restriction orders,disputes between buyers and sellers,contract disputes between buyers and sellers,and contract disputes between sales contracts.The settlement of such disputes and problems is related to the important interests of the buyers and the stability of the whole society.Therefore,the in-depth study of the "restriction order" in this document has greater relevance and theoretical significance.Disputes over the performance of individual housing sales contracts caused by the "purchase restriction order" have appeared in large numbers throughout the country,but there has not been a unified trial standard in judicial practice.The court has a vague understanding of the nature of the performance of individual housing sales contracts.The restriction order resulted in various reasons in the judgment.This article analyzes the attributes of the "purchase restriction order",discusses its legal application,and puts forward suggestions to improve the court to hear such disputes.