Research On Change Of Circumstances Of Housing Transaction

China is in the new-type modernization construction period,the real estate as the pillar industry of national economy is developing rapidly.The regulation of national policies has caused the housing prices in some cities to fall slightly,but the general trend of housing prices has risen,and the purchase of houses has become a way of financing.However,the rapid development of real estate is also accompanied by the occurrence of disputes.On the one hand,the adjustment of the purchase policy affects the performance of some commercial housing contracts.,on the other hand,compared with the general contract of buying and selling of goods,commodity house sales contract has huge quantities and high cost performance,the performance of the cycle is long,big,price changes in policy influence obvious characteristics,such as high risk than ordinary business contract,building business risk has had a huge impact on both parties.When the objective conditions affect the contract change,the sale and purchase contract will be obviously unfair or aim can't achieve the result of the contract,the parties appeal request changes contract or terminate the contract.Legal as a guarantee that the last line of defense of social justice,to solve the question is: in the case of a dispute cannot mediation,court what standards to determine whether a case should be in accordance with the principle of changed circumstances.However,in the aspect of legislation,judicature and theoretical theory,the research on the determination of the change of the contract of commodity house purchase and sale is limited.In the legislation,although the contract law judicial interpretation(2)of article26(later referred to as "the interpretation of the basic(2)law" article 26)rules on the principle of the changed circumstances,the commercial housing sales contract judicial interpretation,there are also similar to the provisions of the changed circumstances,but on the principle of suitable conditions,statute law field and no specific provisions,but only made the principle rules,the judge discretion space;In the field of judicial practice,the Supreme Court's guidance on the change of love affairs is limited,which can not provide comprehensive reference for the complicatedcases.Cautious on the application of the changed circumstances in China,the court asked the courts to carefully apply the principle of changed circumstances,apply the principle should be examined by the higher people's court,when necessary,also need to be examined by the Supreme Court,applicable procedure was complicated.In the theoretical circle,scholars have been doing research on the change of love affairs,but few scholars have studied the constitutive elements of the principle of the change of love affairs.Different courts have different criteria for the change of the contract of commodity house purchase and sale,and the same case is not rare.This is not conducive to the unification of the judiciary,which is not conducive to protecting the legitimate rights and interests of the parties concerned.Based on the specific cases as the starting point of commodity house business contract dispute,constitutive requirements of the standards of the changed circumstances detailed research,on the basis of the combination of German and American standard of the constitutive requirements of the changed circumstances,is put forward for our country commercial housing sales contract theory of the standards of the changed circumstances,provide a reference for perfecting the legislation and judicial experience.