China’s "Haunted House" Legal Issues of Trade Disputes
|Keywords||haunted house thing of defects public order and tradition honesty information disclosure|
These years witnesses the increase of the cases induced by transaction of“Haunted House”with the spree of second-house transaction. However, the judiciaries in different courts refer to different laws when judging since there is no specific stipulation specifying the transaction of“haunted house”, resulting in different, even counteractive judging. Therefore, it is tricky to define“haunted house”and deal with the disputes involving“haunted house”.This thesis first specifies such questions as the definition of the“haunted house”, its coverage and its nature. It argues that“haunted house”is things of defects and the hiding of the fact of“haunted house”constitutes cheating. Hence it is selling party’s obligation to reveal the information of“haunted house”. Secondly, based on the typical cases and judiciary practice at home and abroad, it analyzes the resolution of the disputes involving“haunted house”and affirms the resolution referring to contract law and more importantly, specifies the responsibility of involved parties signing the contract, offering the buying party a feasible judiciary help. At last, it attempts to construct the relevant legal system, including the reshaping of honesty rule, the specification of things of defects,the establishment of disclosing obligation by the selling party.The study on legal questions of the disputes involving“haunted house”transaction is conducive to the deepening and improvement of the relevant theories in this area, providing general rules and specific legal system for the resolution of these disputes. And this is theoretically and practically meaningful in reining in discretion and safeguarding the public’s faith in the authority of the law.