About Li And Xiang A Housing Sale Disputes Case Analysis

In recent years, with rapid economic development of China’s real estate, real estate transaction but there have been many problems. Since the implementation of the "Property Law", the adjustment between the subjects with equal property relations has played an important role, but some of its provisions are still in theory, there are a lot of controversy. Such as now frequent occurrence of one of the spouses as an individual unauthorized to dispose of the total housing acquired in good faith in the third person, whether based on the "Property Law" in the system to obtain ownership of the house? At the same time, the "Property Law" also stipulates that changes in the real property to be registered as publicity, only after the registration to complete the changes in the real property. But is an administrative act, registered in the nature of the act if found to be invalid, you will affect the civil buyer-seller relationship? Housing as an important part of the family property in the event of disputes will not only affect family relationships, may create obstacles to social harmony. This paper attempts from the case caused the focus of two controversial departure, combined with our legal analysis to arrive at a solution to the problem.In this paper the main total is divided into three parts. The first part is an overview of a house sale and purchase disputes through the introduction of the case and the hearing, the referee, the focus of the case the parties dispute. The second part is the case, the focus of legal analysis. The focus of the case one of the real applicability of goodwill made to analyze the system for the definition and elements of the focus from the provisions of the Property Law, a case analysis of whether the sale of housing constitute a bona fide acquisition. Another focus of this case is the problem of administrative action and the referee on the effectiveness of the civil relations, and China deal with cross-cutting issues of the China line and not clearly defined, only the experience of the courts in practice and academics in the theoretical understanding so the need to combine the case analysis of whether the administrative acts and judgments affect the sale of housing relationships. The third part of the case involved legal issues, and present some of my thoughts on issues of real estate acquired in good faith and people line cross.