Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France > Contract Law

Study on Breach of Contracts by Changes of Policies under the Government Regulation of Real Estate Market

Author ZhouGuanYu
Tutor TangQingLi
School Southwestern University of Finance and Economics
Course Legal
Keywords Breach of Contracts by Changes of Policies the Change of Circumstances government regulation of real estate market
CLC D923.6
Type Master's thesis
Year 2011
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This thesis is about a research on breach of contracts affected by changes in policies related to the government regulation of real estate market. The changes of policies, such as differential housing credit policies, affect the house consumers and force them to break the contracts. As a result, more and more buyers and sellers institute legal proceedings in the court with the implementation of such policies.In this paper, the breach of contracts by changes of polices in real estate market is analyzed in categories. As for difference in housing credit policies, it should be analyzed reasonably according to the rules in business contracts of housing purchase and sales; thereby ensuring whether the contracts can be changed or removed or not in various situation. Provided that the contracts made by the two parties are unclear, the law courts would be given the right to decide in change or dissolution of the contracts base on the clients’request. However, if there are some definite conventions in the ways of paying housing cost, the distinguition caused by different credit policies between more down payments and losing the qualification in applying the loans should be put forwarded. Beside, the judicial departments are well-adviced to take several elements affected by the changing policies, such as the purpose and foundation of the contracts, benefit distribution among clients, into sufficient consideration when it deal with those cases. In terms of the limited policies of housing consumtion, this essay hold the belief that there are no substantial obstacle in the implement of those contracts even though the purchaser claim to terminate the contracts they have already signed.This paper is divided into five different chapters:Chapter One:Introduction.Chapter Two:Changing policies and breach of contracts under government regulation of real estate market.Chapter Three:Theoretical basis of the regulation of breach of contracts by changes of policies.Chapter Four:Analysis in breach of contracts by changes of policies under the government regulation of real estate market.Chapter Five:The rational reaction to breach of contracts by changes of policies under the government regulation of real estate market..

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