Study Of The Sale Of Housing Disputes A Number Of Controversial Legal Issues

In current days, also in a long predictable period, real estate dispute cases will be popular among all kinds of civil trying activities to the people's courts. The lags and inconsistencies in real estate legislation have incurred messes and confusions in judicial practice, which is extremely disadvantageous to maintaining the orders of real estate market and defending the legitimate rights and interests of litigants from both parties. This further damages the unification and the authority of justice.Except an introduction and an epilogue ,the whole thesis is divided into four chapters.Chapter 1, several issues about the potencies of real estate trading contracts. This chapter discusses and analyzes three main issues: the potencies of trading contracts of real estates which have not been legally registered and without possession certificates;the potencies of trading contracts of real estates built on transferred lands and without approval;the potencies of trading contracts about urban citizens purchasing peasant houses. This chapter further provides jurisprudential analysis on the problem that enforcing standards can be categorized into management standards and potency standards.Chapter 2, the nature, potency, and legal regulations of real estate trading advisory contracts. Based on trading advisory contracts' relationship to the real estate trading contracts as a kind of reservation contracts, this chapter analyzes the discrepancies among the judicial theory community and judicial practice community on the potencies of real estate trading advisory contracts. From both theoretical and practical perspectives, this chapter also discusses the two key factors leading to the transition from real estate trading advisory contracts to trading contracts, which were pointed in the Supreme People's Courts' judicial clarifications.Chapter 3, the priority rights in real estate trading, concludes and analyzes the nature and key factors of tenants' priority rights, discusses its possible theoretical and practical conflicts with the co-owners' priority rights. This chapter also discusses whether part-of-house tenants can exercise their priority rights over the whole real estate and whether tenants can exercise their priority rights when the owners are auctioning the real estates, which are situationsencountered in judicial practices.Chapter 4, the applicability of the Consumer Protection Law in real estate trading. With an emphasis on whether the real estate trading behaviors rooted on basic life needs should belong to the consumer behaviors defined in the Consumer Protection Law, this chapter starts with defining what kind of information should real estate buyers have access to and whether this right can be claimed through lawsuits, discusses in details whether the section 49 of Consumer Protection Law is suitable when cheating occurs. Finally, this chapter also proposed constructional suggestions on punitive damages related sections of the Consumer Protection Law.This thesis is rooted on realistic real estate trading problems and typical disputes in related law suits. By taking account of the current legislation situation and judicial practices, also considering recent developments of real right law legislation in real estate areas, this thesis studies some unsettled legal issues about real estate trading disputes. The author hopes these studies will contribute to the real estate related legislation and judicial practice in our country.