The Impact Of Purchase Restriction Policy On The Effectiveness And Performance Of The Contract Of House Sale

In the context of excessively rapid house price rises,the State Council successively issued real estate control policies such as "National Eight" and "National Ten" to regulate the real estate market.After that,local governments also successively issued real estate control policies in their areas.The promulgation of these policies has caused many parties to house purchase and sale to face varying degrees of contract performance obstacles.For example,some buyers have difficulty in fulfilling the contract due to limited purchase qualifications or no longer have the qualifications to purchase a house,some have difficulty in fulfilling their funds due to down payment and higher mortgage rates,and some even cannot obtain bank loans Had to ask for the cancellation of the house purchase contract,etc.This article mainly focuses on the purchase restriction order,that is,the research on the disputes over the contract for the sale of the house caused by the restrictions on the buyer's qualifications for housing,and the judicial practice in Chengdu is taken as an example to explore the rationality of the court's judgment in handling such disputes Propose corresponding improvement suggestions.The first chapter is the introduction.In the section of "research issues",this paper proposes that the main issue to be discussed is the influence of the purchase restriction order in the new policies on the effectiveness and performance of the housing sales contract,and analyzes the general judgment thinking of such cases in combination with the Chengdu municipal court.However,no matter in the theoretical field or the practical field,the handling of such cases has always been controversial,so in the second section,"review of domestic and foreign research status",the existing different views are summarized.Finally,this chapter briefly expounds the research background,significance and method of this problem.The second chapter introduces the background and content of the purchase restriction order in Chengdu in recent years,and analyzes the effect of the purchase restriction order onthe effectiveness of the housing sales contract.Because the policy is not legal,the contract is not invalid because of the violation of the purchase restriction order.At the same time,this chapter also introduced in performance of the contract meet restrictions should apply the principle of force majeure,the principle of changed circumstances,method of retroactive principle one by one,it is concluded that don't deal with the applicable method to the principle of ordered continue to perform the contract at the same time combined with the concrete case shall apply the principle of changed circumstances change or terminate the contract,to do so than apply the principle of force majeure terminate the contract at the same time more reasonable conclusion.The third chapter through to the seven related to Chengdu restrictions on the sale and purchase contract disputes typical case analysis,summarized the existing the referee thought for roughly: Chengdu court "to deal with network to sign for the time node,restrictions on before has the network signing formalities or there is evidence that by restrictions on the sale and purchase contract signed before not back in accordance with the law and to continue to perform the principle to judge the sale and purchase contract,if do not meet above conditions on both sides the contract release clause or termination of the contract the seller and the principle of force majeure ordered." This chapter,on the one hand,analyzes the rationality of the judgment thinking,and holds that the application of the principle of non-retroactivity protects the trust interests of the parties to the greatest extent,while the principle of force majeure can be applied on its own initiative without procedural restrictions,which is conducive to the improvement of judicial efficiency.On the other hand,this chapter puts forward the problems caused by such judgment thinking.For example,the principle of change of circumstances is ignored in trial practice;The two parties may make use of the legal loopholes of the existing judgment thinking to conduct evidence falsification;In some cases,the judgment result is not fair under this judgment thinking.The fourth chapter puts forward some Suggestions to improve the judicial practice.The first is to put forward constructive Suggestions for the improvement of the principle of change of circumstances in legislation and its application in judicature.The second is tohope that the judge in the trial of this kind of cases,in view of the lack of online sign but there is evidence to prove that the housing sales contract signed before the purchase restriction order should increase the intensity of evidence review;Third,the judge should insist on the specific analysis of specific problems,and avoid the one-size-fits-all judgment thinking to cause excessive damage to the interests of a party,resulting in the consequences of interest imbalance.This paper firstly analyzes the attributes of the purchase restriction order and its effect on the effectiveness and performance of the house sales contract.On the one hand,this paper thinks that the purchase restriction order is a kind of policy,and its violation will not lead to the invalidation of the house sales contract;On the other hand,this paper holds that it is more reasonable to apply the principle of non-retroactivity in the applicable law to order the contract to continue to perform,and at the same time to apply the principle of change of circumstances to modify or terminate the contract in combination with the specific case,than to apply the principle of force majeure to terminate the contract at the same time.Secondly,based on the Chengdu because of restrictions on the sale and purchase contract dispute case,summarizes the court at present for the case of Chengdu general referee train of thought,based on the analysis of the rationality in this referee ideas for pointed out the problems are as follows: the principle of the changed situation in practice was overhead,evidence of fraudulent,individual case the referee is unfair.Finally,this paper puts forward some measures and Suggestions to solve the above problems.The first is to put forward constructive Suggestions for the improvement of the principle of change of circumstances in legislation and its application in judicature.Second,the evidence should be strengthened;Third,we should stick to the specific analysis of specific problems,to avoid the one-size-fits-all approach to the interests of a party to cause excessive damage.