Analysis Of Judicial Application Of Overdue Delivery Of Commercial Housing Caused By Environmental Protection Policies

In recent years,with the decline of air quality,severe pollution weather occurs frequently in autumn and winter.Air quality control has become the focus and difficulty of air environment quality improvement.In order to effectively reduce the emission intensity of pollutants in autumn and winter,and reduce the frequency and degree of heavy pollution weather,governments at all levels and relevant departments issued a series of stop work orders,requiring the relevant areas to stop all kinds of construction projects,road projects,water conservancy engineering earthwork operations and house demolition construction operations.According to the notice requirements of relevant government departments,the real estate development company stops the construction and construction,resulting in the failure to hand over the house on schedule as agreed in the commercial housing sales contract,and the buyer requests the real estate company to pay the liquidated damages for overdue delivery as agreed in the commercial housing sales contract on the premise of failing to receive the house on schedule.The real estate development company resists the force majeure with corresponding environmental protection policies Debate,caused a large number of disputes over overdue delivery of commercial housing due to environmental protection policies.For the above disputes,through the case analysis in judicial practice,it is found that the court has different opinions on the determination of the overdue delivery behavior of the real estate development company,and different judgments on the same case.In this context,this paper first makes an empirical analysis of the court's judgment,and summarizes three viewpoints of the court's judgment and the theoretical and practical circles: the defense of force majeure is applicable to the behavior of overdue delivery of commercial housing caused by environmental protection policy,the behavior of overdue delivery of commercial housing caused by environmental protection policy belongs to the situation change and the behavior of overdue delivery of commercial housing caused by environmental protection policy belongs to the breach of contract For.After that,combined with the nature ofenvironmental protection policy and relevant stop work order,this paper analyzes the elements of force majeure from three aspects: unavoidable,unforeseeable and insurmountable,and analyzes the theoretical basis of situation change to draw a conclusion that the force majeure and situation change caused by environmental protection policy for overdue delivery and Application of commercial housing are unreasonable,which can not be used by real estate development companies Defense is excused.Finally,starting from the constitutive elements of the liability for breach of contract,the first is the breach of contract,the second is the analysis of no exemption reasons.It is concluded that the real estate development company's overdue delivery of commercial housing caused by environmental protection policy should be the breach of contract,and the real estate company should bear the corresponding liquidated damages for overdue delivery.At the same time,we should also pay attention to the specific identification of the liability of the real estate development company for breach of contract,considering that the buyer is in a weak position relative to the developer in the commercial housing sales contract from the information awareness and signing the contract,most of the signed contracts are format contracts,we should protect the rights and interests of the buyer as a consumer,and pay attention to the relationship between the interests of the buyer and the interests of the real estate development enterprise balance.