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Research on the Disclosure Duty of Information Affiliated to Houses in the Transactions of Houses

Author: YuZhenZhen
Tutor: FeiAnLing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Housing -related information Disclosure obligations Cheat Matter of quality defects
CLC: D922.181
Type: Master's thesis
Year: 2010
Downloads: 107
Quote: 3
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Abstract

Today, people are no longer just a concern in the purchase of housing quality information and ownership information, but also to consider the surrounding natural environment, security is good or bad; People do not only require housing Nengzhe wind and rain, cold and warm, but also look forward to it can bring people comfortable, peaceful enjoyment. Therefore, in recent years, housing transactions, there is a new kind of information is gradually into people's vision. I called the house of the \Judicial practice at home and abroad, because the seller did not disclose housing related information has been non-controversial cases rarely, but the law is still not taken seriously enough, the law and there is a huge gap between the needs of society. And given the relevant information on the impact of home values ??can not be completely divorced from social context and will be judged with a certain degree of uncertainty, so how to correctly view related information, how to effectively set their house sale disclosure rules will become law an urgent need to solve the hot and difficult. The author is to facilitate discussion between law and society \The author in the course of the study focused on the use of a comparative analysis, case studies and surveys and other research methods, and strive for the analysis of the problem both theoretical value, but also social infrastructure. The main contents are as follows: Introduction brief research object, social background, domestic and international research profile and so on. Chapter housing association information Overview housing association information is relative to its direct information refers to itself external to the housing, do not pass the physical attributes of housing manifested, does not affect the physical quality of housing, but often lead to negative emotions or buyer poor mental state, so that housing can not meet the spiritual needs of the buyer, which affects their purchase decisions, such as knowing that the situation would be to abandon the purchase or reduce the price of one type of information. Housing-related information must have four elements. Relevant information on the impact on housing transactions, there is a broad sense of the positive and negative points, but this article will generate negative externalities locked by. Housing associated information may be divided into environmental information and historical information. Chapter II housing-related information disclosure obligations and the legal basis of empirical investigation housing-related information disclosure obligations, is in the process of housing transactions, the seller provides the buyer assumed to affect the potential value of the house or contracting decisions important housing association information obligations. The legal basis for the obligation that the associated information of importance for the conclusion of the contract, the seller disclosure requirements of the principle of good faith compliance, help to overcome the information asymmetry, the substance of the contract to achieve freedom and justice, there is conducive to strengthening the buyer informed security of tenure, and help reduce overall social costs, in line with the principles of economic efficiency. Several countries have produced the current housing-related information disclosure obligations concerning the jurisprudence. In these countries, there is no direct legislation requiring the disclosure of the problem, only the United States. For other countries (including my own), I can only disclosure obligations from the general provisions of the legislation of housing-related information disclosure obligations investigate the presence of space and cross-checked with the judicial practice. Chapter houses bear the elements associated information disclosure obligations to undertake the author discusses the elements of disclosure obligations. These include: Related Information \For each element, the author explains each specific criterion. Chapter IV breach of housing-related information disclosure obligations under the relevant elements of civil liability are recognized in the seller assume housing-related information disclosure obligations, as long as the seller did not disclose, whether subjective or without fault, constitutes a breach of obligations. Provisions of current national housing association information specifically the issue of disclosure of only the United States, but will receive this information, the United States did not violate specific provisions from the opposite side of the obligation civil liability. Therefore, the author from the relevant countries (including my own) other related systems may be used to explore the regulatory regime of the problem, and also the lack of analysis of the existing system. CHAPTER improve housing-related information disclosure obligations and the System Construction First of all, our laws must establish housing information and its disclosure obligations related concepts, and can enumerate through judicial interpretation of the elements of such obligations. Secondly, through the ease of fraud Elements (mostly intentional elements and causation requirements), the expansion of the defective material quality content, improve housing-related information disclosure obligations of system construction, strengthen the protection of the buyer. Conclusions Summary This article view. Appendix I designed a questionnaire as well as relevant design specifications and basic statistics.

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