Legal Analysis Of The Limited Property House Contract

In recent years,the limited property house which is selled on the collective-owned land by peasant is appearing around the whole country. This phenomenon shows the need of urban people owning a house and the thirst of peasant for the profit that comes from the collective-owned land. Because of our current system of the collective-owned land,many litimed articles are put on the used right of the collective-owned land. For example, it forbids that peasant assigns the used right of the collective-owned land to urban people. It makes the limited property house get into troulbe. The cases of the limited property house contract are increasing in judicial practice, it's a importance and necessity to solve the problem of the limited property house contract successfully.This paper intents to find out the nature of the limited property house contractand the legal effect after the the limited property house contract is confirmed ineffective. The intention is based on the analysis of the legislation and the government papers that applied to the limited property house. The analysis of the reason that the limited property house is created and the limited property house denied by the government also is necessary for this paper. The conclusion that this article works out will be helpful for the solution of the limited property house cases in judicial practice.The first part of this paper is on the basic issues about the limited property house. According to contrasting the limited property house with the full property house, concept of the limited property house is obtained. And simple recommendation of the categories are obtained too. Then the character of the limited property house which plays a fundamental part in the description of the limited property house problem is explained in detail,it contains the simple relationship between the litigants,the particularity of the collective-owned land's right, disorder of the process, the low price and the illegal identity of the limited property house.The second part is about the current situation of legislation in our country. In accordance with the government papers in different periods,the government change its attitude toward the limited property house from support to forbidden. This is a basic theory for the solution to cases of the limited property house contract. Moreover, the specific acts and government paper of the limited property house are set out from two sides,one is the limited property house on agricultural land,the other is collectively owned land for construction.The third part is a statement about the reason of the emergency and the illegal identity to the limited property house. Everything comes out with a reason,as well as the limited property house. According to analysising the reason that the limited property house emerges at the land deal market,learning the background and discussing the dispute of the limited property house,the solution of cases is bringing out.The fourth part is mainly discussing how to confirm the nature of the limited property house contract. First of all,three mainstream theories about the nature of the limited property house contract are illustrated. It also comes along with the part which contains legislation of the limited property house. Furthermore, the limited property house contract would be defined as an ineffective contract on account of injurious to the public interest.The fifth part is giving the legal consequence of ineffective contract. In view of the particularity of the limited property house,basically with the legal consequence of normal contract,the ineffective contract would be dealed with the following like this:distinguishing two cases from "returning the original" about existence and inexistence of original. Moreover, fruits of original would be calculated into returning the original. It is illustrated that the part of loss would be calculated in two cases,one is both of the litigants have fault,the other is just one have fault.