Comment On A Housing Sale Contract Dispute Case Of Yu Zhang And Quan

In this article, the comparative research method and case analysis method are combined, from two angles of theory and practice to discuss the housing sales contracts under the agent and the related system. In the market economy, especially the rapid development of society and now the real estate industry, the surge in housing sales contracts dispute cases. In dealing with the sale of housing when a dispute involves agents, and other related research on disciplinary system. In more than a lawsuit Zhang, the whole of a housing sale contract dispute case, the core focus of controversy is full after a more than a house, signed a purchase agreement, signed a protocol behavior is not entitled to dispose of, unauthorized agency or agent? And how to deal with the signing of the purchase agreement? The difference between apparent agency and unauthorized agency, the right to dispose of these items, the name depends on the specific civil behavior is more than a full or a full told Zhang? And show to the housing property certificate, display is registered in the name of more than one, but the signing of the purchase agreement Mou is not at home, is a more than a nominal sign, so the civil behavior is in its own name or in the name of others? First of all, under the analysis of apparent agency. The apparent agency system already in the society, is widely used in academic circles for its tireless research and made a lot of achievements, but there are some apparent cross theory and related knowledge in the system, making each concept appear misplaced, for example no authorized agency, agency and apparent agency confused. Secondly, and unauthorized disposition,< contact the Supreme People's Court on the trial of the 2012 legal issues of business contract dispute case> applicable interpretation of third stipulation, the legal effect of unauthorized disposal under the contract problems in the aspect of law This effect makes the judicial interpretation of the unauthorized disposition contract is no longer applicable< contract law> fifty-first. On the basis of judicial interpretation provided in the contract of sale, the sale of legal effect of unauthorized disposal contract from the pending correction for effective. XiangYin county court found that the purchase agreement has no right to dispose the effect to be determined, the reasons for judgment no contact< the Supreme People's Court on the application of law in contract cases explanations> of the provisions of article third, so the form of content lacking. Thirdly, about the unauthorized agency, from unauthorized agency of its own analysis, combined with the unauthorized disposition, apparent agency, specific to the Yu v. Zhang, a full. Housing contract dispute case, the effectiveness of the purchase agreement. In order to take into account the buyer's interests and the order of market transactions, the purchase agreement may be made to save Economic way.