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随着我国房地产市场的不断发展,二手房的交易数量也不断上涨,由此引发了许多的“凶宅”买卖纠纷。“凶宅”是指曾经发生过非正常死亡事件的房屋。人们对于“凶宅”的避讳不是封建迷信,而是一种民间习俗,理应得到法院的支持。以卖房人欺诈为由解决“凶宅”买卖纠纷,在某些情况下难以适用,以民法基本原则之一的公序良俗原则来解决“凶宅”买卖纠纷更为合理。
With the continuous development of China’s real estate market, the number of second-hand housing transactions are also rising, which led to many “fierce home ” sale disputes. “Fierce house ” refers to the housing where there have been unusual deaths. The taboo that people hold for “hating homes” is not feudal superstition, but a folk custom deserved the court’s support. In order to solve the problem of sellers’ fraud, the sale and purchase dispute of “fierce home” is difficult to be applied in some cases. The principle of public order and good morals, one of the basic principles of civil law, is adopted to solve the dispute of sale and purchase of fierce home.