After signing the contract, the purpose of the leased land will be changed from yew planting to construction waste dump. How to determine the responsibilities of both parties to the contract? The People's Court of Fengxian District, Shanghai, concluded a land lease contract dispute case. According to the principle that the Civil Code is conducive to resource protection, the court decided that a pharmaceutical company in Shanghai (hereinafter referred to as the pharmaceutical company) would compensate a landscaping engineering company in Shanghai (hereinafter referred to as the greening company) for a loss of 876750 yuan. The plaintiff greening company signed a contract with the defendant pharmaceutical company, which agreed that the pharmaceutical company would lease 30 mu of forest land of the greening company as the taxus chinensis planting base. According to the contract, the greening company will provide 130 mu of land for the pharmaceutical company to plant 500 taxus trees before the tree planting festival in 2021, and the first phase project will cover 30 mu. After uprooting the seedlings in the forest land, the defendant wanted to change the use of the land involved into a 22000 cubic meter construction waste dump in the nearby plot. If the plaintiff does not agree to cooperate, the defendant will directly terminate the contract. The original told Fengxian District Court that the defendant violated the contract and should be liable for breach of contract. The greening company complained that the pharmaceutical company signed the contract to inspect the site and test the soil, and signed the agreement when it thought it was feasible. However, after clearing the original trees on the land, the pharmaceutical company has not planted yew all the time. In fact, it signed the contract to pile up construction waste such as waste soil. In case of fault, it should bear the liquidated damages for overdue performance and compensate the loss suffered by the greening company. The pharmaceutical company argued that the land involved needs to be covered with thick muck for improvement, so as to be suitable for the planting of taxus. Before and after the signing of the agreement, the company invested in testing the land and issued a soil improvement plan. As a professional landscaping company, the company also clearly knew the soil conditions of Taxus chinensis. According to the contract, it should provide land suitable for planting Taxus chinensis. However, in the process of performance, the greening company did not complete the soil approval and construction related procedures, resulting in its inability to plant taxus chinensis. The pharmaceutical company has no fault in this process. After hearing, the Fengxian District Court held that the defendant's request for the plaintiff's cooperation was to change the forest land involved into a dumping place for construction waste, rather than the use of mountain soil from Zhejiang as stated in the plan. The plaintiff did not cooperate with the defendant to submit relevant materials as required by the defendant, and did not agree to change the forest land involved in the case into a place for the collection and storage of construction waste. This is in line with the relevant national management regulations on construction waste, ecological protection, etc., and its behavior is worthy of affirmation and encouragement. According to Article 9 of the Civil Code, civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment. Based on the facts of the case, Fengxian District Court supported the plaintiff's petition from the perspective of protecting the ecological environment and safeguarding social interests, and decided that the pharmaceutical company should pay the loss of Greening Company 876750 yuan. The judge reminded the civil subject to establish, change and terminate the civil legal relationship according to his own will when engaging in civil acts, which is the right that the law gives to the private subject. However, the principle of autonomy of will is not without borders. It also needs to follow the principles of fairness, integrity, public order and good customs. For activities related to resources and the ecological environment, we should make choices that are conducive to conservation and environmental protection. Article 9 of the Civil Code stipulates that a civil subject engaged in civil activities shall
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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