In recent years,the "haunted house" trade disputes emerge in endlessly,its key lies in the legal validity of "haunted house" sales contract,and the judicial practice gives different evaluation criteria for the same problem because the law has no specific provisions could be quoted.Therefore,this article proposes to take the legal validity of "haunted house" sales contract as the object of study,and combing the relevant judicial cases through the analysis of the civil law meaning of "haunted house",then putting forward relevant opinions on the legal validity of "haunted house" sales contract.The scholastic circles and the judicial field have different opinions on definition of "haunted house".We should persist in objective standard,ponderance,and occurred abnormal death in a certain time can be identified as " haunted house".Then this article analyzes the civil law meaning of "haunted house",that is labell the " haunted house" into the category of folk customs by comparing the relationship and difference of feudal superstition and folk customs.Combing the identify differences of the legal validity of "haunted house" sales contract in the current domestic judicial practice.And it mainly has three approaches as following:(1)The contract shall be invalid.(2)The contract shall be valid.(3)The contract may be revoked.But the reasons of each party are not sufficient.Firstly,this article explicitly points out that the house is "haunted house" is the seller's disclosure obligations,then taking different approaches by differentiating the seller's subjective state of mind.The contract can be revoked when the seller knows that the house is "haunted house" and deliberately fails to fulfill the disclosure obligations.The contract is valid when the seller does not know that the house is"haunted house".But at this time the buyer has the right to ask the seller to bear the warranty responsibility for the defect. |