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The Duty of Being Honest in Commercial Housing Transaction

Author: LiQiang
Tutor: LiRenYu
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: Honesty Commercial Housing Transaction Responsibility
CLC: D922.181
Type: Master's thesis
Year: 2010
Downloads: 66
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Abstract


As China’s accelerating urbanization process, the amount of commercial houses contracted in the market surge, accompanied by a large number of disputes. In this paper, the principle of good faith to proceed to analyze the sale of commercial housing that exist in violation of the principles of honesty and credibility issues. By discovering the "Contract Law" Article 6 on the good faith provisions of the internal system to the existing case-based, combined with historical and comparative law perspective for reference.The paper is divided into three parts:The first section provides an overview of the history, the concept and the function of honesty, and analyzes the relationship between trade and commercial buildings. From the Roman defenses in general hostile to the European Union countries to sign "on unfair terms in consumer contracts directive," good faith for the world Asian countries generally accepted, which indicates that the principle of honesty and credibility in national legal circles by the growing a strong emphasis on, but from another angle, also demonstrated good faith in the contemporary social development and commercial transactions, an irreplaceable role. But for what is honest and credit, among people of different views and look forward to different standards of reasonableness are also differences in doctrine and therefore is very diverse. But it is undeniable that the face of the sale of commercial housing a large number of bad faith on the field of phenomena, we need to be from the perspective of faith in this view.The second part lists the commercial housing transactions that are not in good faith the phenomenon, and its abstract and general, using the historical method of analysis involves the relevant system of good faith to finalize the developer should bear the responsibility. First of all, this section mainly commercial housing transactions in recent cases which occurred in our targeted approach through case analysis examines the false propaganda, undocumented house sales, extension quality defects, form contracts, an area of shrinkage and so on. Secondly, a general summary of these issues, to examine the notification obligation, commitment, a malicious breach of contract, negligence, fraud, post-contract obligations with honesty and credit-related theories. Finally, establish a violation of good faith after the due responsibility.The third part analyzes the reasons for lack of honesty in the relevant systems and provides sound recommendations. And the commercial housing transactions in recent years in view of the many problems arise, our faith is necessary to introduce the field to increase research efforts to accelerate the legislative process for the socialist market economy, rapid and healthy development of the standard operation for the real estate industry, in order to be related enterprises bigger and stronger, in order to legally pave the way for and safeguard the legitimate interests of consumers

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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