On The Judicial Application Of The Principle Of Relativity Of Contracts In Dealing With Disputes Over The Sale And Purchase Of Commercial Houses

The principle of relativity of contracts was conceived and sprouted in the spirit of freedom and equality.It embodied autonomy of will and freedom of contract in economic life,and enriched the entire private law system.However,after technological change and economic development in the 20 th century,the legal relationship between people has become more and more complicated,and the principle of privity of contract has been hit a lot,and its expansion trend has become more and more obvious.This article starts with the judicial case(2017)Supreme Court Minzhong No.683,and intends to discuss the contradictions between the principle of privity of contract in legal theory and judicial practice.Through the analysis of the theoretical defects and practical difficulties of the judicial interpretation,the author believes that the relevant provisions of the "Commodity House Sales and Purchase Interpretation" applied by the court violate the principle of relativity of contracts,and at a deeper level,it disrespects the autonomy of the parties.It also reduces judicial efficiency and makes the parties deeply burdened by litigation.In this regard,first of all,the author analyzes the reasons for these problems in the judicial interpretation,and thinks that it is mainly in the following three aspects: 1.From a macro perspective: the value of the principle of privity of contract is not correctly understood;it is influenced by the expansion theory of the principle of privity of contract 2.From a microscopic point of view,it is influenced by the theory of related contracts;discusses the practical deviation of the judicial interpretation.The author believes that in order to clarify the rights and obligations of various economic entities and maintain market order,the principle of privity of contracts must be strictly applied first,and the application of principles and rules must be properly handled;judicial interpretations should be based on the principle of freedom of contract and abide by the privity of contracts.Principle requirements;strictly abide by the subject,content and relativity of responsibilities of the contract in judicial application.Secondly,through the theoretical analysis of the mainstream expansion phenomenon and the analysis of the merger trial,the expansion trend must be strictly limited.Only in this way can legal principles and judicial practices meet our social requirements and truly reflect freedom and equality.