Legal Study Of The Dispute In Small Property Right House Contracts

June24,2009, with the final judgment made by Beijing’s Second Intermediate People’sCourt, the first farmer’s house trading case in Tongzhou Songzhuang, which have lastednearly three years long, finally came to a close,. This case brings the concept of the smallproperty right house into people’s vision, and quickly aroused the universal concern of thewhole society.As is known to everyone, while the high-speed development of China’s economic, theprices of city house are also heightening, which make a lot of working-class couldn’t afford.But for Chinese, house is the essential material basis for life. So, more and more individualsturn their mind to the cheaper small property right house.Essentially, the small property right house is the construction built in the rural collectiveland, it circulation is prohibited by national laws and policies. However, the small propertyright house has its own advantages, accords with the value pursuit of the demand andprovision, lead to the case of small property right house trading is endless in our life. But atthe same time, we must noted that the small property right house doesn’t have the basiselements of trading, can’t handle the relevant procedures, so the seller always against thehonesty and credit principle because of the land appreciation、demolition or other reasons,finally to claim on the contract shall be invalid asks to terminate the contract, which causingthe disputes between the parties are endless. Because our country no clear provisions abouthow to deal with such cases at the present, but in order to really solve the disputes, coordinatethe relationship between national policy and party autonomy, it’s our obligation to find thereal reason, analysis of the causes of contract dispute, in order to find a reasonable solution tothe dispute.This article will through the farmers’ house trading case in Beijing Songzhuang,analysis of the nature and scope of small property right house, describe the effectiveness of the contract in the case, property rights movements and the principle of good faith in theprocess of charge. Looking for the causes of small property right house contract dispute, andconsidering it in the present situation of the long-standing, I put forward that we shouldrespect for the principle of party autonomy, recognize the effectiveness of a part of thecontract, in order to ensure the land circulation, realize the reasonable allocation of landresources, and promote the whole society coordinated development.