Mo So-and-so And Changsha Such As A Company's Commercial Housing Sale Contract Dispute

Commercial housing in the process of buying and selling the false advertisement is a hot issue in today's society,especially in some middle and primary schools of entrance indicators of especially large and medium-sized cities.Changsha company issued a "housing buyers children any indicators places at Changsha experiment elementary school and Mei Sihu normal university affiliated high school of degree","experimental primary school in Changsha,Mei Sihu campus within the community,a child just 60 seconds to go to school",etc.The contents of advertisements,but the advertisement promised to Changsha but failed to live up to Changsha company.Mo so-and-so,a person so there is a dispute,a real estate company with Changsha after negotiations failed to Changsha yuelu district people's court.Changsha yuelu district people's court that Changsha released by Changsha company is not false advertising,and the advertisement promised content does not constitute a contract,Changsha company not shall bear civil liability.Mo so-and-so,a person refuses to accept the ruling,to appeal to the intermediate people's court of second instance court in Changsha city,the second instance court reject the appeal and upheld.The verdict comes out,the case caused a strong reaction,in Changsha city caused the owner and social each session of personage of a heated discussion,the case of two controversial issues also have been a strong focus on: first,Changsha company shall undertake the liability for breach of contract of false advertising;Second,Changsha company shall assume the tort liability of false advertising.Have been put forward about the above two focus problems respectively two kinds of different points of view,two ideas are the corresponding theory and legal basis.The paper according to the components of the liability for breach of contract,Changsha released a company whether advertising is the content of the contract,if fails to fulfill its obligations,the contract will not perform its obligations under a contract and analyzes whether there is a causal relationship between damage results in the paper.At the same time the paper,according to the components of the tort liability of a company is Changsha illegal behavior and damage result,causality and subjective fault is analyzed,and concluded that a company in Changsha and shall bear tort liability.The thesis is the civil liability for false advertisement some disadvantages,such as judicial interpretation standard is not clear and unified,the cognizance of the civil liability and loss calculation is not operable,rules of evidence in civil liability for false advertisement set unreasonable,put forward the modify the terms of the relevant judicial interpretations,expand the scope of the consumer protection law,in the civil liability of false advertisement decided to use the rules of inversion of burden of proof.The recommendations put forward,cognizance and implementation of civil liability of false advertisement,effectively solve the disputes,false advertisement to quell social contradictions,to perfect our system of civil liability for false advertisement has the vital significance and role.