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Study On The Validity Of Haunted Housing Contract

Posted on:2016-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:J J DouFull Text:PDF
GTID:2296330470978695Subject:Law
Abstract/Summary:PDF Full Text Request
There has been a rapid development in the real estate industry of China during the past few years. The huge demand in market pushed second-hand housing transactions. However, the dispute cases are increasing accordingly as well, especially disputes on haunted houses and apartments. Theoretically, there are no unanimous agreements on the validity of haunted housing contract in china. Senior experts and scholars hold different opinions about it. According to the judicial practices in recent years, the result of these disputes varies in different regions and courts. Therefore, such phenomenon appears where similar cases were landed with various verdictsThe first part of the thesis is the definition of haunted houses and apartments, including the meaning and folk customs. Specialists and scholars have different definitions about "haunted". The common idea among those definitions is objectivity and horror. As a taboo by most people, haunted houses and apartments are thought as superstition or a custom passed down from generations. I agree to the second opinion that the custom should be respected instead of being denied.The second part are some ideas about the validity of haunted housing dealings. It introduces the theory of invalidation, validity, changeability and revocation, combined with the different verdicts in practice. Then it comes to a conclusion about the key factors affecting the contract validity.The last part is about the validity of changeability and revocation.The haunted houses contract is one of the validity of changeability and revocation contract. Following these aspects:The action seller hide the information about haunted houses is fraud, Seller subjective existence fraud intent, Because the seller’s fraud, the buyer fall into the wrong understanding, and decided to buy that house. The purpose of developing an unanimous theory is to provide a guidance in future juridical practice and at last, to summarize some suggestions to avoid this kind of disputes.
Keywords/Search Tags:Haunted houses/apartments Folk custom Principle of honesty and crediblity Fraud
PDF Full Text Request
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