Study On The Legal Issues Of The Principle Of Situation Change Under The Housing Regulation Policy

In recent years,due to the continuous rise in housing prices,in order to protect the housing interests of citizens,China has introduced different types of housing control policies to cope with the current unhealthy development of the real estate market.A series of restrictive real estate control policies,such as increasing the down payment ratio for home purchases or directly prohibiting purchases of houses other than the first home.At the same time,under the environment of these policies,many house sales contract disputes have been triggered.The parties seek to use the principle of change of situation to reduce their liability for breach of contract.The emergence of such cases is becoming the research soil for the principle of change of situation in this field.The accurate application of this principle in practice increases the difficulty of discretion.Article 533 of the Civil Code of the People’s Republic of China and Article 26 of the Supreme People’s Court’s Interpretation of Several Issues Concerning the Application of the "Contract Law of the People’s Republic of China(Part Two)" If the basic conditions of the contract have undergone major changes that the parties cannot foresee and are not a business risk,if the continued performance of the contract is obviously unfair to one of the parties,the affected party may renegotiate with the other party;if the negotiation fails within a reasonable period of time,The parties may request the people’s court or arbitration institution to change or terminate the contract.Regarding the application of this principle,in practice,the court should strictly distinguish its differences from related concepts such as force majeure and commercial risk,so as to avoid the situation of different judgments in the same case.This article selects four typical cases of house purchase contract disputes under the new house purchase policy.Starting from the specific case facts,it comprehensively analyzes the legal issues related to the change of situation involved in the case,summarizes and summarizes some of the key issues and draws certain conclusions.This article is divided into four parts: The first part is the introduction,which introduces the background and significance of the topic,and the research methods used in this article.The second part is a brief introduction to the case,which summarizes the focus of the disputes in the application of the principle of changing the situation through the introduction of the case of four typical cases.The third part is a legal analysis of the focus of the dispute.It explains the meaning and types of housing control policies,analyzes whether the relevant situation constitutes a situation change,and analyzes the difference between the principle of situation change and related concepts such as force majeure and business risk.It also summarizes the situation.The feasibility and necessity of the application of the change principle,as well as the type analysis and legal consequences.The fourth part is the conclusion and enlightenment of the case study.Based on the theoretical and practical analysis of the application of the principle of change of situation,the corresponding suggestions are put forward in order to better solve the legal problems in practice.