Law and Tradition in a Socialist Market Economy: Haunted House Litigation in China

Simona NOVARETTI
2015 Asian Journal of Comparative Law  
The transition of the People's Republic of China into a market economy and the ensuing development of its real estate market have seen the rise of a new type of case, related to the sale of "second hand properties" (er shou fang) (二手房,): the "disputes in transactions for haunted houses" (xiong zhai maimai jiufen) (凶宅买卖纠纷). Can the plaintiff's rights, which are not regulated by express provisions of statutory law but are rooted in traditional beliefs, be claimed in the courts of a socialist
more » ... of a socialist country? What are the legal grounds of these claims, if any? My aim is to highlight, through the analysis of several cases decided by the People's Courts since 2004, the complex relationship between tradition, law, and economy in a country that provides one of the greatest examples of "legal transplants" in the history of mankind.
doi:10.1017/asjcl.2015.7 fatcat:kvarbsuvvzgeznbgzugazhckzq