Analysis On The Case Of Business Contract Dispute Of Antique Between Lu Xianfang And Hu Demin

Trading habits plays an important role which is very common in reallife,the industry practice is a specific type of them.In Luxianfang v.Hudemin, it fucos on the recognition of trading habits on contract andtrading rules on specific objects,and the research of the significantmisunderstanding to the specific objects such as antiques and the remedies.Trading habits belongs to customary law in theoretically on contract,and customary law is an important part of civil law. The legal systemincludes civil law and statutory law which regulate social activitiestogether.They are complementary,sometimes conflicting, and when they areconflicting, the rules are as follows: when costomary law conflicts withpublic law of the country,it is not valid; when it conflicts with private lawof the country,it relys on the specific situations. The trading rules onantiques which plays on an important role to the founction of antiquesinductry should be the industry practice of the antiques. There are severaltypes about the commerce of antiques inductry:Firstly, the seller hasmaliciously, it is to say that the sellers knew the fake antiques and sellthem to buyers. Secondly, the sellers have not malice, whether the buyersor sellers did not know the antiques are fake. Thirdly, the sellers have havenot malice but the buyers are informed.Under the condition of a majormisunderstanding to antiques,when the antiques inductry practice conflictswith statutory law, it relys on the specific situations.In the case, it should apply to the trading habits on the commercebetween the plaintiff and defendant, it is called "drilling rules" on antiquesinductry.So we should support the opinion of Lu xianfang. But, the ideathat the defendant Hu Demin holds in certain situation should be supportedtoo.In order to perfecting the system of voidable contract, we shouldconfer the elements of voidable contract, they are the subject, thesubjective, the object, and the objective.