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现如今的商品房买卖合同中,总是会因为一些客观的因素产生房价上涨的现象,对于已经订立的商品房买卖合同,如果继续履行,势必会造成开发商和售楼方的重大经济亏损。这时往往出现,买受方希望继续履行原先的合同,出卖方要求提高房屋出售的价格,对此,我们法律并没有非常完备的规定,这就给法院处理此类问题带来了一定的困难,对于这类问题,我们应当适用情势变更原则才不会显示公平。因此,本研究项目针对这一现象,拟对商品房买卖合同中情势变更原则的适用问题如何处理进行了问题的归纳,原因的探究,对策和建议。
Now in the real estate contract, always because of some objective factors produce the phenomenon of rising house prices, for already entered into the contract for the sale of commercial housing, if you continue to perform, it is bound to cause significant economic losses developers and sales. This is often the case, the buyer hopes to continue to perform the original contract, the seller asked to raise the price of housing sales, which, our law does not have very comprehensive provisions, which gives the court to deal with such problems has caused some difficulties , We should not apply the principle of change of circumstances to fairness on such issues. Therefore, this research project aims at this phenomenon, and proposes how to deal with the application of the principle of change of circumstances in the contract of sale of commercial houses, and puts forward the problems, the reasons, countermeasures and suggestions.