The Analysis Of Chengdu's First Trade Dispute Case About Horrible Residence

For the past few years, in transaction of the second-hand house from coast to coast, there existed many situations which the purchasers bought the house but didn't know the inside story before. This article chooses and illustrates Chengdu's first trade dispute case about horrible residence.First, at the present time, law doesn't give the definition about the horrible residence. So on the specifically transaction of the house, which house could be regard as the horrible residence? There already existed some viewpoints, which were alike expert for slight differences. Generally said that the horrible residence is one of the objective facts and should be limited in two ranges. But it exists controversy about whether the house, which happened unexpected incidences such as catch fire, or gas poisoning in it could be regard as the horrible residence.Next, in ordinary practice, value of the real estate larger than movable property, so the reveal obligation of the message has already been an important problem. The message of the horrible residence is close interrelated to the landlord, which indicates the murder, suicide or unexpected case in the house. During the revealing course, it difficult to avoid or escape from the privacy and the right to know the story. It is not only a collide between the two rights but also a balance of benefit. Although in the legal clause of china don't make clear that the reveal obligation of the message is one of the bargainer's legal obligations. But we still could find the interrelated legal principles in article 4 of the civil law, article 5,42,60 of the contract law. The message of the horrible residence obviously is an important matter to the transaction of the second-hand house. Therefore, author considers that in the transaction of the second-hand house, the bargainer should reveal the message to specific counterpart.Finally, in judicial, the courts of all parts had already given four judgments about trade dispute case about horrible residence. It is true that there existed detail differences in individual cases. But in another point of view, the current situation of horrible residence transaction is still disorderly. Author agrees the judgment of Chengdu's court, which considers that the horrible residence is a blemish. If the bargainer conceals the important message, he may violate honesty and credit principle. So the court could cancel the contract according the request of aggrieved party. Author gives a few measures to purchasers in order to tell them how to prevent and avoid the dispute. For example, purchasers should take more understanding around the house before make the contract. Furthermore, the law should perfect the responsibility of blemish guarantee and consider that how to respond when one side take a serious offence.