On The Civil Law Relief Of Special Housing

There are defects of provisions on the content in the civil law of continental law system countries, something can affect the value of the house and lead to the lack of effectiveness and deficiencies can be identified as housing for defects. Defects the type of building can be general or special. Public housing defects caused by environment, law restrictions caused by the idea of building blemishes and because of customs and habits, social housing defects caused by the flaws are special. The surroundings of the building including the area where the houses are located the supporting facilities, such as public security, afforest, garage and house of surrounding buildings, infrastructure and environment pollution. House of restrictions on the public law belongs to the category of the material flaws. House defects caused by customs and ideas including haunted, someone in normal situation of death and other housing defects caused by customs and ideas. The three types of particular flaw behavior includes:tort, breach and the combination of tort and breach. The important information of special flaws of this major houses may affect the trading possibilities and the market price, the seller or the lessor shall have the obligation to present it. For delivering the special flaws in the behavior of the building, some courts judge it as constitute fraud, in judicial practice, some courts think it poses a major misunderstanding, and other courts judge it as being against the rules and consider the contract invalid. The author thinks that the seller or lessor promised their homes with excellent quality, and the delivery of the house doesn't actually have good quality, the victim doesn't have to claim the other form of fraud, or their own constitute a major misunderstanding, because exist proof of fraud or serious misunderstandings is difficult and the compensation range is small, can't claim on issues such as, and if the victim argue for responsibility of breach he can avoid the above problems, so the victim can make commitment of each other to the content of the contract, and argues that the other party in violation of the defect warranty obligations constitute a default. House special defects will cause the value of the discount, not the giving legal relief to violate the law of contract on the principle of fairness, honesty and credit. Therefore the loss of party can claim to cancel or change the contract of house trading, and compensation of the loss of the reliance interest based on contracting negligence claims; or request on sales or terminate the contract and compensation for damages based on the claim of breach of contract; or claim housing devaluation damages based on infringement.