Study On Effectiveness Of Contract For The Sale Of Small Property Room

The lands of China have been divided into the part of state-owned and the part of private-owned attributes to personal factors . Usufructuary of land for building and the right to use of state-owned land belong to the usufructuary right should have the same rights as property. The current land management law rules that only the member of rural collective economical organization can share the right to use the collective-owned lands but lack of the specific provisions on the kinds of houses. Originally, we attach great hopes to the property law to define the nature and the rights of small property room. Unfortunately, the property law only gives the bridging definition. The current trend of rising price of real-estate also directly leads to the intensely competing for the inexpensive small property room.Reviewing the reasons mentioned above, maintaining the legal effect of the purchasing contract of small property room becomes the most controversial problem. In the academic circle, the invalid said and the effective said still exists. According to the contract law, the lands management law, the property law and the legislation law, this paper critic the current affirmation of the purchasing contract of small property room based on solving the controversies.Although the property law haven't formulated the provisions about small property room, the proclamation of the property law provide the new chance to scrutinize this problem. This article takes the 15th item of the property law as the point of penetration, then makes a elaborate analysis on the relationship between the validity of the real right and creditor's right to conduct effective depending on the theory that contract effectiveness and registration validity should distinguish. At last, this essay explores the correct method dealing with the affirmation of the contract of small property room so that it has some positive effect on the practice.Any legislation and judicial behaviors should reflect the value targets including free, order, fairness and equity. But in reality, different magistrate's courts'decision obviously presents the lagging of the laws. When it comes to the dispute of the small property room, we must distinguish the the validity of the real right and creditor's right to conduct effective accurately. In the long term, in order to avoid the possible dispute of the purchasing contract of the small property room, we must reform the current institution of lands of town-village duality.