Legal Relief for Performance Obstacles of House Leasing Contract Caused by COVID-19

Journal: Region - Educational Research and Reviews DOI: 10.32629/rerr.v2i4.218

Ran Luo

Law School of Beijing Normal University


COVID-19 and its control measures have caused obstacles to the performance of many house-leasing contracts. To give reasonable relief to contracts’ Parties involved, the legal nature of COVID-19 and its control measures must be precisely defined. This paper argues that the early COVID-19 and its control measures are the force majeure, and the legal nature of COVID-19 and its control measures under the normal epidemic preventing and controlling mechanism should be analyzed in light of the specific situation. We should accurately grasp the meaning of impossibility of performance, frustration of purpose and impracticability, appropriately take the legal relief, balance the interests of both Parties, and promote social and economic recovery finally.


force majeure; principle of changed circumstances; impossibility of performance; frustration of purpose; impracticability


[1] PhD candidate. Law School. Beijing Normal University.
[2] See F.L. (2020). The Nature and Judicial Response of COVID-19 and Administrative Actions that Constitute the Performance Obstacles of the House-leasing Contract. Legal Application, (5): 43.
[3] Han S.Y. (2018). General Theory of Contract Law (3rd edition). Law Press, Beijing.
[4] Chen H.B. (2012). General Theory of Debt Law (1st edition). China Legal Publishing House, Beijing.
[5] Liu K.X. (2020). Comments and Suggestions for Improvement of Contract Termination System in Civil Code. Tsinghua Law, 3(14): 159.
[6] Cui J.Y. (2015). On the Purpose of Contract and its Frustration. Journal of Social Science of Jilin University, 3(55): 41.
[8] Yu M.Z. (2020). See “Cheng Maiping and Rao Jun Housing Lease Contract Dispute Second Instance Civil Judgment”.
[9] See See In Re: Hitz Restaurant Group, B.R. 3 (United States Bankruptcy Court, N.D. Illinois, Eastern Division. 2020).
[10] Yi J. (2012). A New Interpretation of the Principle of Fairness in Civil Law. Jurist, (4): 58-69.
[11] National Bureau of Statistics. (2020). The Total Retail Sales of Consumer Goods Fell by 15.8% in March 2020.

Copyright © 2020 Ran Luo

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