Study On Legal Issues Of Houses Built With Funds Collected By The Buyers In China

Houses built with funds collected by the buyers are a historic outcome with aspecial status in the process of real estate development of China. It is different fromthe traditional welfare housing distribution and the transaction of commercialresidential buildings on the market, which is more like a transition between them.Houses built with funds collected by the buyers in the specific historical stage havemet the housing demand of employee, which have different effects towards theeconomic development and social stability. Construction of houses built with fundscollected by the buyers is restricted incessantly as more related laws and regulationsare introduced gradually. The housing forms of integrate purchase and buildingassociations evolved by houses built with funds collected by the buyers begin toappear constantly and prevail in real life. Therefore, legal disputes about houses builtwith funds collected by the buyers are also increasing, and the legal relations reflectedby the legal disputes are more complicated due to different interests subjects involved.During the process of study on the several legal issues of houses built with fundscollected by the buyers in China in this paper, the main related focused issues duringthe transaction of houses built with funds collected by the buyers are discussedthrough case analysis and integrating practice with theory, the related legal issues aredemonstrated and an in-depth legal analysis has been made. It is expected to explore apiece of laws and regulations or related measures which are conducive to standardizethe construction of houses built with funds collected by the buyers so as to providelegal help for many house buyers avoiding legal risk, reducing law suits andpromoting social harmony.This paper consists of three parts which are embodied in the followings:The first part is the analysis of the nature of the business contract and mark andeffectiveness of houses built with funds collected by the buyers. Through the analysison the nature of the business contract and mark and effectiveness of houses built withfunds collected by the buyers, the existing main legal issues during the transaction ofhouses built with funds collected by the buyers are summarized and classified comprehensively in order to build an overall understanding of related legal issuesconcerning houses built with funds collected by the buyers for readers.The second part is the judicial solution and the legal risk prevention concerningbuying and selling contract disputes of houses built with funds collected by thebuyers. Through analysis on one case, the legal comments of focal issues involved inthe case are expounded in detail, which revealing the essence of the problem on thebasis of in-depth case analysis and putting forward the principles which the courtshould follow when they hear the case of houses built with funds collected by thebuyers deal in order to inspire the readers and avoid legal risks.The third part is about defects and improvement of the legal system of housesbuilt with funds collected by the buyers in China. The defects of related laws andregulations of houses built with funds collected by the buyers at present in China areanalyzed from the perspectives of theory and judicial practice. And some feasiblemeasures are put forward on how to solve and improve construction and managementissues on houses built with funds collected by the buyers.In the conclusion, the necessity of related legal issues of houses built with fundscollected by the buyers is analyzed briefly and meanwhile it points out thatstrengthening national legislations to standardize construction and management ofhouses built with funds collected by the buyers has a significant effect on promotingthe healthy and orderly development of real estate market and social harmony andstability.