With mandatory performance closed real breach of contract – Sohu comment box www.789mmm.com

With mandatory performance closed "real breach" Mohe – Sohu comments third eyes signed a contract, you should not regret. Because if we do so, it is bound to harm the entire market order, which is bound to increase a lot of social costs, and even lead to social unrest. Soaring prices have triggered a strange phenomenon. In August 22nd this year, a number of second-hand housing sellers in Shenzhen, because of rising house prices do not want to fulfill the agreement with the buyer disputes, and the Shenzhen City Intermediate People’s court in the relevant decision dissatisfaction, gathered more than 60 people to visit the Shenzhen intermediate people’s court. At present, due to alleged mob assault state organs 5 people, criminal detention by the police, and in September 14th by the Procuratorate approved the arrest. The impact of the national judicial organs, disturb the normal order of the judicial organs of the state, in an attempt to put pressure on the court, to achieve the purpose of pervert judgment, no doubt has stepped on the red line of the law, but also inevitably punished by law, which is to blame. From the beginning of last year, this round of price increases, causing a lot of legal disputes, the formation of the purchase and sale of housing, the breach of contract". The court also had to face the "contract crisis", the verdict should reflect the judicial wisdom, in the light of its general trend, good and evil. However, housing disputes specific applicable laws, may be faced with "breach of responsibility" and "responsibility to continue performing" between the competing and the integrity of those loopholes. Simply put, that is, after the breach of contract, is losing money, or must continue to trade houses? General officially signed a contract for the sale of the house, will breach the agreement, breach of the general agreement by the parties (about the liquidated damages agreed to provide many local real estate sector model contract, the total price for the house, 20%). In the case of soaring house prices, if prices rose more than the agreed liquidated damages, the buyer may proceed from "economic man" point of view, the choice of default and payment of liquidated damages, another house benefit is higher. Obviously this is a room two to sell, a serious violation of the spirit of the contract. The seller in pursuit of higher price and deliberately choose to default, should bear what responsibility? Before the court’s views are not uniform. Many courts have decided to pay liquidated damages to the seller, and the court ruled that the seller must enforce the contract, the transfer of property. In fact, this is not good for those who have good faith, and let the people who buy a house to eat a loss, because even if they get the agreed liquidated damages, in the general trend of soaring prices is also difficult to buy before the price of the house. In fact, continue to perform the contract, is the "contract law" provisions of the first paragraph of the liability for breach of contract, should be given priority in breach of contract damages. From the judicial policy effect, in rising prices "defaults", if the court upheld the decision to perform the contract, not the integrity will be painful, but also allow more default if, because of this, they will not default arbitrage". Honesty and trustworthiness is the golden rule in civil law. The signing of the contract, you should not regret. Because if we do so, it is bound to harm the entire market order, which is bound to increase a lot of social costs, and even lead to social unrest. We are still in the present相关的主题文章: