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A Study On The Legal Problems In The Sale And Purchase Of Housing Not Paying Good Luck

Posted on:2021-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:J H LianFull Text:PDF
GTID:2416330626459655Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of China's economy,as an important part of economic relations,legal relations also show more complex and diverse and other new characteristics.In the real estate trading market in Guangdong,a idiomatic word with unique Cantonese flavor emerges as the times require.It is not a legal term in the normative sense,but it should be the best term for the interpretation of the sale and purchase of such special houses.From the legal point of view,non-payment of auspicious business is the bidder auctioned from the court according to the status quo below the market price of the house,the reason for the low price is that there is a defect in the house can not be emptied immediately.This paper mainly uses empirical analysis,normative analysis and comparative analysis to obtain 561 judgments,90% of which come from Guangdong Province,because the sale of houses in Guangdong Province has attracted much attention and controversy,so the 95 cases selected in this paper come from the courts at all levels in Guangdong Province,and carry on the in-depth study on the dispute of non-payment of auspicious judgment in practice.It is expected to provide valuable reference for the judicial application of non-payment of housing sales.The introduction part of this paper makes a preliminary classification and analysis of 95 cases collected,analyzes the significance and shortcomings of the existing system to solve such cases,and analyzes the dispute between the definition of the connotation and the orientation of the legal nature of the sale of houses in Guangzhou Intermediate people's Court on December 4,2018.at the same time,it studies the nature and behavior of the cases of non-payment of houses in practice.Finally,combined with the existing legal system,this paper puts forward some suggestions on the above issues,and summarizes them one by one in the following three parts.The first chapter,combined with the case of non-auspicious housingtypological collation,combined with the identification of the concept of non-auspicious housing by different subjects to get this point of view,and finally from the perspective of this study to draw lessons from different theories to clarify the legal nature of housing non-auspicious buying and selling.The second chapter is the first step to solve the problem of non-payment of auspiciousness.The first section of this chapter makes an in-depth analysis of the dispute over the legality of the sale of non-auspicious housing.The second section abstracts the common problems of non-payment of housing sales in practice on the basis of typology,and discusses the dispute combined with the existing legal system.However,the problems existing in the failure to hand over auspicities are not limited to this,which is also the deficiency of this paper.The third chapter,in view of the problems reflected in the second chapter,combined with the existing legal system,from the legislative and practical point of view,in order to solve the problem of non-payment of auspicious housing transactions put forward feasible suggestions.
Keywords/Search Tags:Non-payment of housing, legal issues, judicial auctions
PDF Full Text Request
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