Research On The Disclosure Duty Of Information Affiliated To Houses In The Transactions Of Houses

Nowadays, in the transactions of houses, a new kind of information has been gradually taken into consideration, which I call"affiliated information"of houses.With respect to the issue of disclosing such information, there is a huge gap between law and social demand. This paper is just aimed at narrowing the gapThe contents of this paper are as follows:IntroductionChapter I: Outline of the Disclosure Duty of Information Affiliated to HousesI define the meaning of affiliated information of houses. Such information must concurrently has four elements. It can be divided into environmental information and historical information.Chapter II: Jurisprudence Basis and Positive Observation of the Disclosure Duty of Information Affiliated to HousesI define the meaning of the disclosure duty of information affiliated to houses. Jurisprudence bases of this duty lie in that affiliated information is material and requiring sellers to disclose it is consistent with bone fide. This duty is conducive to overcome the asymmetry of information and realize the factual justness of contracts, to safeguard purchasers'right to know, and to reduce the cost of society and promote economic efficiency. I then explore relevant legislation and cases. Chapter III: Components of Assuming the Disclosure Duty of Information Affiliated to HousesComponents include the materiality of affiliated information, the seller know or should have known the information and the purchaser doesn't know it and such ignorance is reasonable.Chapter IV: Civil Liability of Violation of the Disclosure Duty of Information Affiliated to HousesI search relevant legal systems of several countries for possible rules of regulating the violation of this duty, and in the meanwhile analyze the problems of existing systems.Chapter V: Suggestions for Improving the System of the Disclosure Duty of Information Affiliated to HousesFirstly, we should establish the concepts of such information and the disclosure duty hereof, and clarify the components of assuming this duty.Secondly, we should easing the components of fraud and expanding the meaning of defects of objects.ConclusionAppendixA questionnaire designed by myself as well as an introduction of the survey and the statistic result.