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The Study Of Housing Transaction Intermediation Contract Dispute Case Between Hao Youlai Co.v.Ai Fang

Posted on:2019-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2346330569989412Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the development of the market economy,the real estate industry has developed rapidly.As most people are in the stranger society of the city,in addition to the information asymmetry,the real estate intermediaries have become more and more,and the buyers and sellers are becoming more and more common through the real estate agencies.However,the contradiction between buyer and client is also increasing.Among them,buyer's jump is the most serious phenomenon.In order to effectively avoid the occurrence of the "jump single" behavior,ensure the orderly operation of the market order in the real estate industry and realize the justice of the society,the guidance cases issued by the highest Academy in 2011 have carried out a unified identification of such problems,but it is too rough and the social life is changing,and the guidance of this type of case is slightly limited.And the different sentence is serious,it is difficult to play its guiding value.Taking the case of the dispute between the company and AI Fang,this paper puts forward some suggestions for the improvement and settlement of such cases through the analysis of the basic facts of the case and the court's judgment and the legal analysis of the focus of the case.This article is divided into three parts: the first part is mainly the summary of the case.Through the case and the trial results,the focus of the case is extracted.The second part is mainly the legal analysis of the dispute focus of the case,mainly analyzing the legal analysis of the dispute focus on whether the validity of the "jump list" is prohibited,whether Ai Fang constitutes a "jump single" default and whether the company can obtain the right of requesting compensation in this case.The third part is the legal thinking caused by this case.In this part,the legal thinking based on the focus of the second part of the dispute is mainly the theory of the focus of its dispute and the perfection of judicial practice in dealing with such cases.Mainly including two aspects of thinking: the prohibition of the "jump single" behavior judicial identification standards and the protection of the rights of the interperson compensation for the protection of relevant legislation to improve the thinking,and hope to help the settlement of such cases.
Keywords/Search Tags:interposition contract, "jump single" behavior, breach of contract
PDF Full Text Request
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