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Study On The Effectiveness Of Economically Affordable Housing Transfer

Posted on:2011-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:G W ZhaoFull Text:PDF
GTID:2166360305981372Subject:Law
Abstract/Summary:PDF Full Text Request
Economically affordable housing in our country has been more than a decade of development, but also to alleviate some of the difficult situation of housing the masses, but in the course of its operation also exist, such as less than total supply per unit area exceeded the purchase of the object dislocation and other issues. Among them, economically affordable housing becomes the object of "dislocation" of the phenomenon of particular concern, but also led to affordable housing system itself to survive the crisis. Units in fund-raising rooms, as an integral part of affordable housing, are very awkward and highlight the problem. This removal of two units of housing indicators for the transfer of the contract fund-raising case, affordable housing targets for the transfer of the agreement to do some exploring in order to study affordable housing during operation exist as a legal problem and should adopt policies and laws, administrative measures.This paper is divided into five parts to be discussed; the first part includes two cases that Li Liangyong accused Peng Zhongshu as a result of the transfer of houses built with funds collected by the buyers and the issue about housing sales between Luo Xiaoli and Qin Enquan.Then gives some concise analysis and summarizes divergences in law. The second part discusses the deep reasons and the necessity of theoretical research on such problems from the social significance of judgment. The third part focuses on the legal analysis of the case, starting with the affordable housing from to clearly define the scope of housing units in fund-raising, followed by the evolution of affordable housing for some sort, pointing out that the current issues of affordable housing legacy. The fourth part make legal analysis ,which is about index transfer agreement of economically affordable housing ,from the nature and effect of the transfer agreement itself, from the transfer agreement on the nature and effect of two aspects of analysis. First, The agreement for index transfer of economically affordable housing is belongs to the category of creditor's contract, its application of the law should be strictly limited to the field of creditor's rights law, and the second, from the fund-raising rooms of indicators to determine the transfer of an invalid for several reasons, invalid identification, the legal consequences of an invalid for several aspect of analysis of the current affordable housing target for the effectiveness of transfer agreements several perspectives, as for affordable housing is not deep enough understanding of the system itself, resulting in the deviation of the specific application of the law, fail to convince the parties, it also undermines the credibility of the judiciary. The fifth part is Conclusion, it is in the process of the further reform of the affordable housing system, only if carefully summarizes and analyzes the legal problems in the operation of the affordable housing and changes the simplified knowledge to transfer contract of the affordable housing infix in theory or in practice, thenWe can constructing the social environment of good faith, safeguarding state, social and public interests and have positive guidance to practice. Finally, this paper affordable housing, from a legal point of view as well as the empirical point of view of society given a sound proposal and make the necessary argument.This paper mainly uses the logic analysis in the distinction between mandatory rules and the effectiveness of the rules to ban the use of from time to time, case analysis method is mainly used for analysis of judicial practice, raise funds for the units of the Housing (Extension to affordable housing) in processing.
Keywords/Search Tags:Affordable housing, unit fund-raising room, void contracts, limitation, debt contract
PDF Full Text Request
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