Research On The Effect Of The Housing Sale Contract By Wu Sued Han Housing Property Disputes Triggered Thinking

Along with the development of the modern real estate market in our country, home sales volume is increasing, high house prices more and more get the attention of people, " live and work in peace " is no ground for blame, but in real life the people who has no right to disposition for private interests to sell houses to others phenomenon occurs frequently, the owner of the house was the loss of interest, the ownership of the house man also cause trouble to the buyer at the same time, it makes the demands of both sides legal dispute. However, due to the different point of view, causing litigation tired, waste of national judicial resources. So this paper will select the sale of housing case has the typical significance in the judicial practice and academic theory, using the method of case analysis, dialectical analysis, empirical analysis and normative analysis method of analysis of the right disposition, goodwill, guarantee definition and analysis of the case, in order to solve the problems of the housing ownership and related disputes. This paper based on the analysis of Wu Han sued the property dispute case and the focal point of controversy, identified problems, leads to unauthorized disposition of real estate acquired in good faith and determination to ensure that the contract is invalid after the issue of accountability, combined with domestic and international relevant legislation and different academic views on the connotation of the problem analysis, the final analysis of the case and put forward my own opinion.The main body of this paper consists of four parts: the first chapter introduces Wu Han prosecution property dispute case and the focal point of controversy. The second chapter analyzes the cognizance of unauthorized disposition, comments on different theories and cases of unauthorized disposal. The third chapter is the analysis of the buyer is a bona fide bona fide definition connotation, comments on different theories and cases of goodwill. The fourth chapter take on the responsibility to ensure that the contract is invalid after.I advocate in the disposition of the connotation of credit formalism, a valid view of the unauthorized disposition contract; in that kind take the connotation "negative", which is defined as the bona fide assignee not know, should not know the Licensor without the disposition of the property is in good faith. In the white point to grasp the claims that the registration, real estate registration is completed for good time; advocate the nature of guarantee contract is invalid after the liability for contracting negligence, clear value orientation of contracting fault liability and tort liability.