Legal Application To House-selling Disputes

At present, disputes induced by house-property arise one after another in China. Relative lawsuits increase rapidly. In this paper, I summaries real-estate related cases gathered during my practice in Xuanwu district court. And I try to analyze and conclude the cases from different perspectives. Combined with theoretical analysis and case practices, I will try to describe current status of real estate disputes, discuss their causes and provide some suggestion for legal practice in major disputes, especially house-selling disputes. The paper included three parts are as follows:a) Summary current status of real estate disputes arbitrated in Xuanwu District Court recently and their respective characteristics. According to the classification analysis of the sample cases, discuss currently main aspects of real estate disputes and their possible causes. Besides house-sale, leasing, inheritance, property rights disputes and others also caused quite a few disputes. But as the main type, we might discuss in detail for house-selling disputes.b) For breach of contract, contract validity, disposal of property without grounds, I respectively combined with real cases to discuss major disputes and customary practices for different types of cases judgments. Some own thoughts and puzzles about the judgments are discussed here, and possible reasons for the formation of such judgments are also presented according to my observations. First, when determine the liability for breach of contract, we must strictly review contractual stipulations, carefully-used principle. Second, to determine validity of contract, we may get true intention of parties from contract presentation. Meanwhile we may classify if real right presumption is a legal fiction, which results from registration system for public summons and public faith. House property might not necessarily depend on the registered name. Third, we must break out the thinking orientation that system of bona fide acquisition could apply to all disposals of property without grounds. So carefully apply system of bona fide acquisition for real estate. And we should also advert to new guiding-points for judgments about disposal of property without grounds in the "The third Marriage-law interpretation draft".c) Based on detailed analysis of collected house-selling disputes and custom practices of judgments, summary foregoing discussions and present several advices about possibly feasible solutions for above disputes under accurate application of legal norms.