商品房交易正当解约事由辨析

商品房交易中,解约方总是力图为自己寻找正当的免责事由。从我国当前的立法、司法实践、法理分析及国外规则来看,正当解约事由中的“一方原因”不等于“一方过错”,“告知义务”应有底线,“情势变更”不能滥用。这样才能平衡买卖双方的利益,避免商品房的炒作和投机。

Discrimination on Proper Reasons of Rescinding the Trade of Real Estate

In the trades of real estate,the sides which rescind the contract always try to seek the proper reasons to avoid punishment.This article tries to discuss it from the angles such as the practice of current justice and legislation,natural law analysis,and the consulting of foreign rules.The writer believes that the side which rescinds the contract is not means necessarily which have fault,the announcement obligation should have base line,and the circumstance changing principle cannot be abused.To keep the benefits of both sides balance,the writer attentively avoids the gambles in the trade of real estate.