Research On The Effectiveness Of Resettlement Houses Sale Contract Signed By One Of The Family Co-owners

The deepening of urbanization today still fails to change the urban-rural dual social system in China. "family" continues playing an important role in the country life. Family as the smallest "cellular" of society, its property relationship and property transaction security also is a core issue of society. Resettlement houses are the results of china’s urbanization. According to the earliest local government policies, the resettlement houses do not meet the market access requirement. However, under the policies, many people secretly signed a contract and sold the resettlement houses. As a series of unique characteristics of resettlement houses, after houses price ever-rising ages, the seller and buyer on the housing transfer registration issue caused a lot of litigation.The first part describes the importance of the family property relationships on social and economical changes, discusses the tendency of family group minds in rural China still have great social background and depth. At the same time leads to some "co-different sentence" of cases occurred in the process of urbanization in rural areas, in order to call attention to the academic.The second part of this article, starting from the actual judicial practice, reviews the feature of resettlement houses contract disputes. Based on those cases, we summarized and analyzed the court verdicts and their reasons, finding out that many similar cases tend to different sentence and reasons. Facing with many similar legal provisions, the court appears to hesitate in dealing with the rules. This tendency is also exposed in their judgments.The third part describes the current legal norms related to co-owners disposal right. From the background of those rules and the application of distinguish principle in the public policy areas, we demonstrate that some rules are not belonging to the effectively mandatory provision.The fourth part firstly presents four types of deals. And then analyzed their legal acts. Specific the meaning of one of family co-owner’s signature of contract, distinguish it with family attorney, proxy, unauthorized disposition and representative.The fifth part of this article, we expound that the court should make a value choice, compared with the interest within the family co-owners and the interest between the co-owner and houses buyers. In addition, the papers also make several recommendations for the court in fact-finding parts:judges should not confirm the validity of contract only by its signature; reference to other modes of publicity property changes; grasp the credit structure and market trading rules of face-to-face society; and recommendations for the application of law:do not abuse the Distinguishing Principle; form the authority guidance of judgements.The last section is a conclusion, briefly summarizes all the arguments of this thesis.