Empirical Research On The Substantial Performance Of Property Sale And Purchase Contracts

The substantial performance system appears in the form of default responsibility.As one of the important systems in the "Contract Law",the discussion in the academic world mostly stays at the theoretical level.The specific application of the actual performance rules in judicial practice has not been discussed in depth,Based on this,it is especially necessary to apply empirical methods to clarify the status of its applicability to judicial practices.Based on the 372 effective judgments selected from the Jufa case database,the analysis is carried out with statistical methods.On the one hand,the judge’s referee experience can be summarized.The judge handles disputes over housing sales contracts and The judge’s high approval rate for the parties claiming continuous performance in the case of housing sales contract disputes directly confirms that the substantial performance is an effective remedy for housing sales contract disputes.On the other hand,in a specific case trial,Whether the substantial performance is executed is largely subject to the subjective understandings and experiences to similar cases of the judge.The judge’s judgement habits are different,which may lead to differences in the identification of facts and the choice applicable laws.The discretion of the judge has played a great role,,so the standardization of the application of the restrictions on continued performance is summarized.we shall form a clear and unified understanding,summarize the essential elements of the substantial performance judgment in practice,scientifically determine the reasonable time limit,reasonably define the performance failure,moderately measure the excessive cost of performance,classify the situations that are not applicable to the actual performance in practice,and standardize the prudent exercise of judicial discretion.Regulate the prudent exercise of judges’ discretion.In addition,the complete path,petition,judgement of the substantial performance system in the housing sales contract shall be straighten out,and we shall implement a complete and orderly structure linked by those three dimensions..According to the registration requirements model,relying solely on the court’s judicial decisions does not directly produce the effect of property rights changes.Based on the operation mode in which the trial and execution are separated from each other in my country,the perfect transition and connection between the procedures should be achieved in practice.The judicial judgment made by the trial personnel should take into account the operability of the enforcement department to ensure that the substantial performance system can be more flexibly applied.