The Duty to Disclose Haunted House and Its Devaluation

• Main Authors: Yu-LiangTsai, 蔡有亮
• Other Authors: Ing-Ling Hou
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/g5p39h

碩士 === 國立成功大學 === 法律學系 === 107 === This years, there are more and more discussions about haunted house , it is mainly due to the fact that scholars and judicial opinions have been gradually introduced into this field. This paper also conducts research based on the accumulation of past doctrines and judicial in-sights. The problem of the haunted house stems from its cultural significance. After research, people are generally fearful of unnatural death. If the death occurs in the house, it will make the house a psychologically unacceptable place. Because of the psychological pressure, the house that has experienced death has become a product that people are not willing to buy. Therefore, the issue of the duty of disclose and devaluation must be discussed. In order to study this problem, we must first discuss the criteria for determining this feel of fear, as a supplementary judgment standard for the scope of the duty of disclose and the devalution, and the standard of feel of fear determination is the standard for the determination of the haunted house. In general, the standards of the Ministry of the Interior are the narrowest, the judicial opinions are second, the general people are the widest, but the standards of the gen-eral people and the judicial opinions are quite close. In the research part of the duty of dis-close, first of all, those who have the advantage of information should bear the duty to dis-close, such as the house owner and the agency. Secondly, the content of the duty of disclose, it is necessary to distinguish between different contract types. This paper mainly discusses the sale, lease, and intermediary contract. Finally, the legal effect of vio-lating the duty of disclose mainly discuss culpa in contrahendo, fraud, non-performance, and liability for war-ranty. In the part of the devalution, first discuss the legal position of the devalution. Some people think that devalution is pure economic loss, and some people think that it is owner-ship violation. In addition, must to discuss how to judge the loss, because the general estima-tion method has its challenge on the haunted house, this paper believes that it can be supple-mented by the statistics of the judgment practice and the research on the impact of the deval-uation of abhorrent facilities. Finally, in order to successfully resolve the disputes of tort liability in practice, this paper also presents a discussion of other disputes of tort liability.