Research On Legal Issues Result From Sales Contract Disputes Of Affordable Housing

At present,there are many research results on affordable housing in Chinese theory field and practice field.Some scholars analyze the existing problems from the perspective of the affordable housing system development in China,and put forward some legal countermeasures and suggestions based on the characteristics of Chinese real estate market.Some scholars study the property right contents and legislative limit of ownership by the legal property of the affordable housing.In this these,the author tries to start with the case study and adopts the latest academic research results to discuss the effectiveness of the sales contract of affordable housing and the legal issues of the transfer of affordable housing.The affordable housing has the natural attributes that differ from the commercial housing: the subject qualification,the contents of the rights and interests,the time to market.And it also has the characteristics of both indemnificatory and commodity.Because the above two characteristics are on the contrary in a certain extent,confined by the incompleteness of relevant laws and regulations,these two characteristics are reflected in the practice level,which can lead to a large number of house property disputes.In judicial practice,the parties,lawyers and judicial personnel have different understandings of relevant laws and regulations.Different courts have made different and even opposite judgments on whether the house sales contract is effective and transferable,which has caused wide public controversy.Based on the example analysis,comparative analysis,empirical analysis,induction and other research methods,this thesis analyzes a large number of existing sales contract disputes of affordable housing at the present stage,and thinks that the reasons result in disputes are fuzzy determination of current laws for affordable housing,the incompleteness of legal system and imperfect mechanism of admission and withdrawal.This thesis summarizes the years of development experience of the affordable housing development in China,analyzes the beneficial explorations in practice,and draws on some relevant theories and experiences abroad,so as to put forward some suggestion,which has certain realistic and theoretical significance to how to solve the relevant disputes of the affordable housing and perfect Chinese affordable housing system.