Study On The Rules Of Recognition Of Compensation For Housing Valuable Loss

Appeared in recent years,many cities in our country real estate prices rising sharply,many houses in the process of building business seller are holding the "sell while think price" point of view,it is these dishonest behavior lead to the sale and purchase contract dispute are increasing.When the house seller entered into a contract for the sale of the house,the value of the housing market in the late period was not expected.When it considers profitable,then under the drive of interests,before the housing transfer formalities,finding excuses or cause building business contract been lifted,and even some house seller directly in the transfer formalities before the house in addition to the third person,and the transfer procedures with a third person for completion.Thus led to a credit of the buyer in the sale and purchase contract building appreciation damages request,but in the judicial practice difficult to building appreciation of damages of the buyer request to fully protect,first,because on the theoretical understanding of the legal nature of building appreciation loss is not clear,the second is the judicial practice in determining when building appreciation loss compensation involves different validation rules.House buyer looking forward to the purchase of value-added space in the future have is building business gains of the contract amount,is can be generated according to the purchase contract prices and the market prices of the dispute.Building appreciation loss in the sale and purchase contract has the future,looking forward to,can compensate and uncertainty,so in terms of its legal nature,and building appreciation loss belongs to the category of the available profit loss.Accordingly,it can be seen that the loss of value added in the housing contract is the loss of benefit.Is available in the sale and purchase contract interests compensation,according to relevant rules,if the court ruled that the parties concerned request building appreciation reason,finally will typically involve the calculation problem of this increase.Many scholars believe that there is no detailed and in-depth discussion on the calculation method of damages.According to the contract law of the People's Republic of China(hereinafter referred to as the "contract law"),the provisions of article one hundred and thirteen of the party in breach shall bear the liability for compensation shall be equal to the limit the loss brought by the breach to the other party,our country in the legislation is to determine the damage compensation of general fuzzy rules,and there is no legislation to giveclear rules,the judge in the judicial practice for building appreciation for the determination of loss appeared very chaotic situation.Although there is no unified our country legislation on the house building business contract to determine the value loss in regulation,but in the judicial practice in our country there are still some rules determining building appreciation loss,although not system and not comprehensive,these rules still play its essential meaning.For example,the parties agree to give priority to,calculate the objective of the method,calculate the time point of the loss,the default can foresee the loss of cognition,impairment liability,punitive damages and other rules applicable.In the present legislation in China,Shanghai municipal higher people's court on the trial "second-hand housing" business case to solve some issues of the court(hereinafter referred to as: Shanghai "" second-hand housing" business case answers ")and the supreme people's court on some issues of commercial housing sales contract dispute case applicable law explanation "(hereinafter referred to as: commercial housing sales contract disputes from the supreme people's court interpretation)laws and regulations on the sale and purchase contract compensation for loss of building appreciation in question,but is too principle,the existence of the applicable limitations.For this limitation,if the judge in the court case to determine the building appreciation loss,can adopt a more scientific basis,apply more strict procedures,so building appreciation loss amount as determined in the end will be more stand up to scrutiny,rather than make sure building appreciation loss into a simple digital calculation results.Calculation method based on the improvement of the objective,for the perfection of calculating loss point in time,correctly understand the relationship between punitive damages and damages,fully analyzing the buyer pay the deposit amount of damages,and study the influence of national housing policy influence on damage compensation,thus the determination of a more comprehensive calculation when building appreciation damages involved in validation rules is the starting point of this article explores.