On The Case Of Real Right Dispute Between The Bureau,Lee And Ni

With the development of economy and society, the real estate market has become increasingly active, and many real estate developers and sellers of second-hand housing seek illegitimate interests by "one room two sell" approach to prejudice the legitimate interests of consumers, casting serious damage to the normal real estate market order. In 2007, the "Real Right Law" promulgated, limiting "one room two sell ", but the legal real right before the implementation of the "Real Right Law" should also be protected by law. This case belongs to this kind of situation. The dispute has three points:First, whether the contract signed by Lee and Luo is valid or not, the court of the first instance and second instance court considering it valid; Second, whether Real Right Law is applicable; Third, whether Tort Liability Law calculations are applicable. In response to these disputes issues, through case analysis, the conclusions are the following:First, the contract is effective from the perspectives of the establishment of the contract, effective elements, the role of the validity of the contract acquired in good faith, as well as court evidence for ascertaining the facts and the law of our country; Secondly, Real Right Law is applicable to determine the ownership of the house. Analyzing the time of the Real Right Law implemented, and the judicial interpretations about retroactive exception, and the necessity to protecting the legal existing rights, this case is suitable for Real Right Law which protacts the house ownership; The last, the applicability of the Tort Liability Law determining Lee's "one room two sell" to Ni a loss, "one room two sell" meaning subjective bad faith. The house can not be returned, so the case does not apply "Contract Law" calculation of damages, while the Tort Liability Law should be applied.