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在土地财政、宏观调控、投机行为和刚需支撑等多重因素导致房地产价格剧烈波动的大背景下,二手房买卖合同~①当事人因巨额价格差拒绝履约的违约之诉成规模地发生。在守约方诉请解除合同并主张违约金的情况下,《最高人民法院关于适用〈中华人民共和国合同法〉若干问题的解释(二)》[以下简称《合同法解释(二)》]第二十九条被广泛援引为划定违约责任的法律依据。这部司法解释由十余名大法官起草了十年,听取过包括但不限于谢怀栻、王家福、江平、梁慧星、王利明、
Under the backdrop of the drastic fluctuations in real estate prices due to multiple factors such as land finance, macro-control, speculation and the need for support, the contract for the sale and purchase of second-hand houses has taken place to a full extent that the parties violated the contract due to huge price differences. When the observant party claims to terminate the contract and claims the liquidated damages, the Supreme People’s Court shall explain some issues concerning the application of the Contract Law of the People’s Republic of China (hereinafter referred to as “the interpretation of contract law (II)”] Twenty-nine are widely cited as the legal basis for the delimitation of liability for breach of contract. The judicial interpretations were drafted by a dozen judges for 10 years and heard, including but not limited to, Xie Huai, Wang Jiafu, Jiang Ping, Liang Huixing, Wang Liming,