About The Legal Thinking Of "haunted House" Trade Disputes

Nowadays, people buy is no longer only focused on the information quality and the ownership of the building, the buyer will consider when buying houses surrounding environment of housing and housing information, especially in the second-hand housing transactions is more obvious in the process with the development of economy, people's requirement level also constantly improve, housing is not only satisfied with cold warm and offered shelter, more hope the buyer is living in its purchases to have a comfortable house peaceful enjoy.But in recent years, many of the buyer of the purchase of second-hand housing this comfortable dream is broken, the phenomenon of the many purchases to the "haunted house", did not come to an agreement to the buyer and the seller sued to the court to overturn house sale contract compensate for the losses or reduce the part of the price.But because our country law, with no clear rules for "haunted house", around the courts at all levels to lead to such business contract dispute about "haunted house" make different decision to break the connection with different phenomenon,as the judge standard, unified judicial practice through consideration of haunted house trade disputes in judicial practice, this article from the following several parts to meet haunted house trade disputes, and puts forward the haunted house trade disputes.First in this paper, in the first part by reference case exists in the judicial practice in our country are, in the form of legal basis in accordance with the different sentence in the same class "haunted house" trading cases of three approaches, namely the disgraceful consideration in accordance with the principle of three kinds of legal basis, tort liability, contract to make a decision, then extracted on the basis of the three approaches theoretical problem about "haunted house" trade disputes.In the second part of the article, based on the academic circle about "haunted house" limit the scope of three kinds of mainstream views were analyzed, it is concluded that "haunted house" the cognizance of the scope of the way, which should be refers to the "haunted house" house before, in the house or live in the house of the wrongful death in people's event, due to the seller not completely this important event information, inform the buyer to the buyer that the produce huge psychological fear or rejection after information rather than normal residential houses. In the second part is the nature of the "haunted house" information and "haunted house" information disclosure problems are analyzed in detail, ingeneral, "haunted house" information belongs to a person's privacy, but the seller to the "haunted house" information specific to the buyer the obligation of disclosure, the sell shall truthfully inform the buyer of the information of the building, fully perform their respective obligations, otherwise the behavior in violation of article 4 of the "general principles of the civil law", "contract law" article 6, the provisions of article 60, and affect the effectiveness of the sale and purchase contract for constitute fraud.Judicial practice of our country in different legal basis sentence the same sort of "haunted house" case three approaches were analyzed, and concluded that processing "haunted house" trade disputes should be based on contract law shall apply to deal with according to the different situation of disputes and make different decisions. By the end of the article also puts forward the idea to reduce or avoid the recurrence of "haunted house" trading disputes, such as in the judicial interpretation expressly provide the information disclosure obligations of buyers and sellers, expressly provide the responsibilities of breach of the obligations after bear form etc.