On Legal Application Of "Cold Creek Manor" Transaction Disputes

With the development of market economy, and the increasing of second-hand house transactions in China, the particular phenomenon "Cold Creek Manor" has also triggered increasing disputes in trade. There is no legal basis for the buyers to cancel the contracts just because the house is a "Cold Creek Manor" ,so a discussion of such disputes is of great significance. This paper will define "Cold Creek Manor" , analyze the resolutions of such disputes, describe the choice of the writer among the options ,and then propose the recommendations on how to avoid such disputes.The first part of this paper describe the disputes in the transactions of "Cold Creek Manor". First of all cases occur in Chengdu made through trade disputes Cold Creek Manor. And then to define the concept of Cold Creek Manor Cold Creek Manor is a period of time that there had been suicide or homicide caused by human factors such as unnatural deaths of people houses. At the same time I think that superstition and folklore The differences between the contact and discussion is a taboo Cold Creek Manor folk psychology is a manifestation of ideology to demonstrate the premise. The development process in both, superstition and folk cross each other. Folk's fundamental purpose is to maintain order in the lives of ordinary people, with a unified time and place of activity; superstition fundamental purpose is to make use of the ignorance of ordinary people cheat money, time and place in the temporary staging of events. The final analysis, there are two kinds of understanding of the psychological taboo Cold Creek Manor controversial view is that taboo Cold Creek Manor is a feudal superstition, and the other view is that taboo Cold Creek Manor is a good custom. I believe that the ideological taboo Cold Creek Manor is a kind of folk expression.The second part is about the resolutions of the disputes in the transactions of "Cold Creek Manor". At present there are two major paths, one is dealing with contract law, the path that caused the contract dispute is a revocable contract, Cold Creek Manor, constitutes a housing defects, such contracts because of a defect, contrary to the true meaning of home buyers indicated that , sellers party constitutes a breach of contract. Another is the tort law dealing with the path, sellers to conceal a party constitutes infringement, the buyer can require the seller to bear the tort law tort liability. I believe that by choosing the path of tort law dealing with the unreasonable, to contract law holds a positive attitude. The third part of this paper is about the principles of the resolutions of the disputes in the transactions of "Cold Creek Manor". There are two principles for reference: the principle of good faith and the principle of public order and good morals. I believe that in accordance with the principle of good faith interpretation of such contracts in order to balance the interests of both parties. Cold Creek Manor the same time the essence of trade disputes is recognized as a violation of good customs in our country under the current conditions has a certain rationality. Finally I suggested that in judicial practice can be used to perfect the purpose of housing transactions, contracts, from the source in order to reduce the probability of occurrence of such disputes, try to make housing authorities manage the registration of the credit for"Cold Creek Manor".