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Research On The "Jump List" Behavior In The House Contract

Posted on:2021-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:P HanFull Text:PDF
GTID:2416330611996776Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the real estate industry has become increasingly prosperous with the rapid development of China's economy,which has also promoted the wave of the housing market.Based on the asymmetry of information,real estate intermediary has gradually become an important medium to communicate buyers and sellers.However,due to the non-standard real estate intermediary market in China,the lag of relevant laws and regulations,and the lack of trustworthiness of the principal,the contradiction between the principal and the real estate intermediary has become increasingly prominent,which frequently leads to the behavior of "jumping order".In judicial practice,the imperfection of the laws and regulations on the disputes of "skip single" leads to different judgment results on the same issue and affects the fairness and justice of the society.The paper is divided into five parts.The first part is the introduction,which mainly analyzes the background,research purpose and significance of the topic of this paper,and expounds the domestic and foreign research status and the main contents of this paper on the behavior of "jumping order";The second part is a theoretical analysis of the behavior of "jumping order".After defining the concept of "jumping order",it expounds the causes and forms of its appearance.The third part is the empirical analysis of the "jump" disputes,respectively from the first year and proceedings of examining "jump" disputes,and introduces two typical case analysis and the point of view,then select 50 article summarized the case comparative analysis,summed up the "jump" case of contention in the judicial practice.The fourth part mainly focuses on the dispute focus of the case,from the legislative and judicial levels on the validity of the prohibition of "skip" provisions,"skip" breach of the determination of the conditions,intermediary compensation claims and reasonable cost claims.The fifth part,aiming at the problems existing in the regulation of "jumping orders" in our country's legislation and judicature,puts forward the determination standard of the validity of the clauses prohibiting "jumping orders".Make clear the criterion for determining the default of "jumping order";It is suggested to standardize the right of compensation and the right of reasonable expenses.
Keywords/Search Tags:The sale of houses, Intermediary contract, Jump list, Claim for intermediary remuneration
PDF Full Text Request
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