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The housing trade dispute certain controversial Legal Issues

Author: LiuJingZhu
Tutor: LiuBaoYu
School: Shandong University
Course: Legal
Keywords: House for sale Validity of the contract 期房subscription book Right of First Refusal Punitive damages
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 373
Quote: 2
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Abstract


Apartments for sale in disputes in our country, and for quite a long time one of the common types of cases in the People's Court civil trial. Judicial practice to some extent vague and confusing due to the lag on China's real estate legislation and non-uniform, resulting in extremely conducive to promoting the healthy development of the real estate market order and safeguard the legitimate rights and interests of the parties of the apartments for sale, it also undermines the judicial the unity and authority. Text in addition to the introduction and I On the part is divided into four chapters. Chapter housing contract for the sale of the effectiveness of several problems, mainly from the transfer of real estate and obtained title certificates validity of the contract, the transfer of construction is not legally registered in the allocation of land on the estate, not reported in advance to the approval of the validity of the contract, as well as urban residents are not approved the purchase of the effectiveness of the households with housing contract three aspects of the analysis, and the peremptory norms can be further divided into management norms and effectiveness norms of a legal analysis. Chapter II of the nature of the real estate subscription book, effectiveness and legal regulation, mainly from the subscription book as a reservation contract and the sale contract, as the contract of commercial housing pin (pre-) relationship of theory and judicial practice of commercial housing appointment disagreement on the validity of the contract, and the Supreme People's Court on judicial interpretation of a reservation contract to two constituent elements of the real estate sales contracts jurisprudence and realistic level profiling. Lessee's right of first refusal in the third chapter of the apartments for sale on the nature of the right of first refusal by the lessee and elements were summarized and analyzed, and the lessee the right of first refusal to whether housing a total of pre-emption theory and reality conflict exists the thinking, the section also analyzes the ability to exercise pre-emptive rights of the lessee housing encountered in the judicial practice of local lessee ability to exercise pre-emptive rights, and homeowners for housing as a whole to take the auction to sell houses . Chapter Consumer Protection Act applies to problems in the sale of real estate, analyzes the trading behavior of the house is the consumer behavior of the Consumer Protection Law provisions needed for daily consumption, buyers who enjoy the right to know the scope and Can litigation realization of this right as a starting point for further analysis the buyers consumption, such as by fraud, can be applied Article 49 of the Consumer Law. The chapter also future modifications to improve the problem of punitive damages in the Consumer Law constructive suggestions. This article from the current apartments for sale certain practical problems and apartments for sale in disputes instance the typically encountered controversy in the trial, combined with China's current housing the trading system of the legislative and judicial practice, and China is developing the property law issues related to the real estate trading legislative trends, asked on a number of legal disputes of housing in the trade dispute

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CLC: > Political, legal > Legal > Chinese law > China and France
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