Research On The Application Of The Principle Of Circumstance Change In The Policy Breach Of The House Sale Contract

In recent years,along with the rapid development of China's economy,the housing prices in various places show a continuous explosive growth trend,which directly affects people's quality of life and national economic security and stability.The government at all levels,according to the "house is used to live,is not used to stir fry" positioning,a series of real estate regulation and control policy to stabilize house prices.Since 2017,especially 54 cities,including Beijing,Shanghai,Guangzhou and Shenzhen,have issued 129 restriction policies and 169 loan limits policies.48 cities have joined the restricted sale.The intensity,coverage and influence of regulation policies have all reached the highest level in history.These policies are to achieve the control objectives,the stability of the real estate and financial market at the same time,have a certain impact on the housing market objectively in the rights and obligations of the parties,led directly to the one hundred thousand hundreds of housing transactions disputes,"surrender boom" "defaults" "check-out tide" of a wave after wave,has become a outstanding problems of social harmony and stability.the courts in the trial due to the new policy of real estate housing sale contract dispute case,according to apply the principle of change of circumstances,to balance the interests of the parties,effectively resolve disputes by judicial means,low-income housing estate policies smooth landing,played a positive role in the situation.But due to the conditions of the comparison principle of the change of circumstances,and the obstacles in the performance of a hundred real estate deal with breach of contract and many disputes,how to apply the principle of change of circumstances is very complex in specific cases,most cases need a case of a debate,combined with the actual case by the judge discretion,the urgent need for the program study on refinement and the referee standard uniform.There are five chapters in this paper.In the first chapter,the background and significance of the research,the status of the research and the research method and structure of the paper are mainly written.The second chapter is mainly uses the regulations of real estate policy and influence in Beijing issued in 2017 as an example,analysis of the nature and characteristics of the real estate regulation policy content,policy definition,breach of contract and other basic concepts,elaborates the connotation,types and characteristics of default policy and the similarities and differences of general contract.The third chapter is mainly about the theoretical analysis of the principle of change of circumstances,commentary on the current research situation of the application of the principle in policy related breach in academic circles,and discusses the feasibility and necessity of applying the principle of change of circumstances in the policy breach of housing sales contracts.The fourth chapter is mainly about the specific application combined with specific case study of the principle of change of circumstances in the sale of housing policy in breach of contract.At the same time,the paper also discusses the basic principles of changing the situation of the policy based breach of contract,and the analysis of the referee standard and the legal effect of the application of the principle of change of circumstances.The fifth chapter is mainly aimed at the fact that there is no law in our country to stipulate the principle of change of circumstances."The lack of law" makes the principle of change of the situation unable to make good use of the realities of the balance adjustment of interests,and puts forward suggestions and prospects from the legislative and judicial layers to the application of the principle of change of circumstances.