Legal Application Of The Principle Of Change Of Circumstances In The House Pre-sale Contract

In 2020,the number of cases of change of circumstances increased sharply.The Civil code also further improved the constituent elements of the principle of change of circumstances.There were also many discussions on the constituent elements of change of circumstances in the academic community.Among them,the pre-sale contract became the most difficult case in the application of change of circumstances due to its strong investment nature and the numerous subjects involved.In the case of Shengshi Real Estate Development Company v.Yan Moumou’s dispute over the pre-sale contract of a house,both parties engaged in a heated debate around the constituent elements of the principle of change of circumstances,which sparked a lot of thinking.In the recognition of significant changes,significant changes in the situation should have the characteristics of relevance,significance,and objectivity.Fund chain rupture and self-rescue agreements are within the will of the parties and do not meet the requirements of objectivity;In terms of time requirements,significant changes should occur before the completion of performance after the contract is signed,and changes that occur during the delay in performance generally do not apply to changes in circumstances.In this case,changes that occur during the delay in performance cannot apply to changes in circumstances;In terms of nature,significant changes should not be considered commercial risks,and two aspects should be considered: unforeseeable and unforeseeable.I n this case,each change can be foreseen and attributable,which belongs to commercial risks;According to the theory of balance of interests,it can be seen that the changes,in this case,have not led to significant unfairness,so the principle of change of circumstances should not be applied to this case.At present,the application conditions and effects of the principle of change of circumstances are still not perfect.In terms of application conditions,cases that cannot be fulfilled should be referred to as force majeure,and unforeseeable situations should be included in commercial risks in the classification;In terms of effectiveness,the obligation to renegotiate should be a pre-procedure for the judgment of the case,rather than a pre-procedure for the acceptance of the case,mainly limited by the reasoning in the judgment documents.