The Analysis Of Trade Dispute Cases About Horrible Residence

This article lists four trade dispute cases about horrible residence in the beginning, and illustrates from the four aspects such as facts about horrible residence, litigation requests, decisions of the arbitration and foundations of ruling, and then summarizes and generalizes the focus questions to be discussed in this article : the legal definition of "horrible residence", the nature and publicity of horrible residence's information and the theoretical analysis of trade disputes.Horrible residence is the special house that fear the local ordinary people, where happen a accomplished murder or a suicide case in it. It is excluded by the law such as the superstitions of "Haunted House ", "Ghost Street ", occurrence of natural death, accidents and force majeure. The taboo to horrible residence is a folk culture, this kind of psychology possess the features of Public order and good customs,Therefore, the defendant's demur--he plaintiff's awareness issuperstitious is unsustainable.The nature of horrible residence information belongs to privacy, members of society should respect it, not disseminate, so the acts in the net of establishing the files of horrible residence in recent years suspects invasion to other's privacy. In the sales and leases of horrible residence, the landlord should give up the right of privacy, open the horrible residence information to specific counterpart in order to make transactions in line with the true meaning of the two sides, and maintain the normal trading order. Instead, if a party intentionally concealed, it is a violation of law. The defendant shall not defense by "this information belongs to privacy ".Although horrible residence does not exist defects in physical form, it reduces the exchange value and avail of the subject matter so it is a defective-object, the homeowners should assume responsibility of defective warranty. It is unsustained if the defendant quoted the traditional "quality-standard" to debate.Currently, residence has become an important personality, contained considerable spirit interests, and should be included in "other personal interests ". Therefore, the trade of horrible residence has caused a moral damage, and the plaintiff can choose the responsibility of contract or infringement in order to protect his own rights and interests.In the second-hand housing trade, We can take some measures so as to prevent and avoid the emergence of trade disputes of horrible residence, such as surveying the history of house to deal, adding terms of "ensure that no malignant incidents have occurred" in the contracts, marshaling the market order of real estate agents, establishing a relatively uniform standards of justice, and registering the information of horrible residence in the region under appropriate conditions and so on.