论“凶宅”所致房屋贬值——从既有案例出发  

On the Devaluation of Houses Caused by "Haunted House"——Starting from Existing Cases

作　　者：陶鑫明 TAO Xinming(Institute of Civil and Commercial Code,Central South University of Finance,Economics and Law,Wuhan,Hubei 430073)

机构地区：[1]中南财经政法大学民商法典研究所

出　　处：《湖北广播电视大学学报》2019年第6期51-57,共7页Journal of Hubei Radio & Television University

摘　　要："凶宅"类案件时有发生。理论界与实务界多关注"凶宅"概念承认与否、界定标准及相关合同效力,就因"凶宅"而致房屋贬值鲜有关注。基于法解释学,可将"凶宅"发生事实视为侵权行为,由此而生的房屋贬值属侵权损害。侵权责任之承担与份额应考察个案的"原因力"加以确定。诉讼中,原告应依据法定程序通过具备资产评估资质的专业评估机构主张房屋贬值额,对于尚欠专业资质的鉴定机构,如房屋中介机构等给出的贬值意见,法官应酌情认定贬值额,不应决然否认其意见。对于房屋因"凶宅"而升值,其升值利益应归于房屋所有人。"Haunted House"cases occur from time to time. Theorists and practitioners pay more attention to the recognition of the concept of "Haunted House", the definition criteria and the effectiveness of the contract. Little attention has been paid to the devaluation of houses caused by "Haunted House". Based on legal hermeneutics, the fact that the "Haunted House" happened can be regarded as a tort, and the resulting house depreciation is the damage of tort. The responsibility and share of tort liability should be determined by investigating the "causal force" of the case. In litigation, judges should determine the depreciation amount at their discretion when they still lack the evaluation report of a professional appraisal agency,but they should not absolutely deny the opinions of intermediaries. Houses appreciate because of "Haunted House", and their appreciation benefits are attributed to the owners of the houses.

关 键 词：“凶宅” 纯粹经济损失 损害 损益相抵 

分 类 号：D913[政治法律—民商法学]