Case Analysis Of Resettlement Housing Purchase Contract In Juridical Practice

In our country,in recent years,with the development of economy and the rising of house price,a lot of disputes occurred in the sale and purchase contract of resettlement houses,many of which have entered into the judicial procedure,which has become one of the most outstanding cases.There are many disputes in the process.Whether the transaction relates to the placement of the housing,whether applied by the real estate management law,whether the housing land property affect the validity of the contract,the common effect of property under the contract is affected,and the policy file for the contract,and the effect of the advance notice registration system of dispute and other issues,the above problems,many courts are only vaguely felt,but did not think deeply,resulting in many court decision on this issue,which cause many inconsistenciesFrom our country's relevant laws and regulations and social practice,and the combination of market economy and the rule of economic environment and background analysis,combined with the analysis,all sources of resettlement housing that:housing is a legitimate compensation resettlement households legitimate property after the expropriation,as to what form does not affect be placed for the ownership of the legal property.The placement of the housing property as a should and can be traded,city real estate management law does not necessarily apply for resettlement housing,but there are conditions;in the common case,shall sign the contract with the local comprehensive investigation,trading habits,resettlement agreement,time,the signature elements of determining the validity of the contract at the same time;for policy documents,should be strictly in accordance with the contract law interpretation and judicial interpretation of the spirit,which are generally not found invalid contract.In addition,according to the actual situation,in order to improve the system better,and to reduce the occurrence of such disputes,China's real estate notice registration system should be based on the social development.