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Research On The Change Of Circumstances Of Commercial Housing Lease Contracts During The COVID-19 Pandemi

Posted on:2024-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhaiFull Text:PDF
GTID:2556307055993329Subject:legal
Abstract/Summary:PDF Full Text Request
Due to the continuous development of the society and the rapid development of life,the“contract principle”in traditional civil and commercial activities seems to not keep up with the trend of The Times.In some specific cases,if only blindly pursue the principle of contract,often will infringe on the legitimate right and interests of one of the parties.This is contrary to the principle of fairness stipulated in our civil law.From this point of view,the system of change of circumstances has considerable significance.In the context of the COVID-19 outbreak,The system of changing the situation reflects its value in the field of civil law in China,it pointed out the way to solve the numerous civil and commercial disputes at that time.On February 23,2023,at the past conference of the joint defense mechanism,China indicated that the impact of the COVID-19 epidemic on China is gradually subsided.The prevention and control measures have smoothly entered the normal prevention and control stage of “class B pipe B”.Although the era of COVID-19 is in the past,this does not mean that a new outbreak will not come back.Such problems have not already been completely solved.However,in the past three years,China’s economic sector has been greatly impacted by the COVID-19 epidemic,and it is difficult for civil and commercial activities in various fields to operate effectively.As an unpredictable and insurmountable major change,the COVID-19 epidemic will affect the social economy and will inevitably have a certain impact on the civil and commercial contracts in the society.Among them,the commercial housing lease contract,as a particularly important part of the civil contract,its impact is self-evident.With the increase of disputes over business housing lease contracts caused by the epidemic,the need for research on such contractual issues is also growing up.This paper mainly uses the research method of case analysis,starting from the case of Liu Mei v.Long Feng business house lease contract dispute,the brief description of the case and the three trial process,and the three focus of dispute are summarized by analyzing the facts of the case.Through the focus of controversy,the nature of the COVID-19 epidemic,the application of the system of epidemic prevention and control measures,and the legal consequences of the system of changing the situation were further studied.And return to the case,in turn to each controversial focus of analysis and discussion,and strive to solve the key issues involved in the case.Finally,the author summarizes the case and puts forward his own views and suggestions.
Keywords/Search Tags:COVID-19, Epidemic control measure, Change of situation, Force majeure, Business housing lease contract
PDF Full Text Request
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