Research On The Effectiveness Of Contracts Of Houses With Limited Property Rights

Limited property right is pushing China’s urbanization and normalize the inevitable outcome of the land system,the mainstream view that our country law of limited property right room have held a denial attitude to buying and selling,but the price of limited property right trading with its unique advantages,leading to increased does not decrease the size of the market,with the high speed development of my country economy,city commercial housing prices rising,limited property right transaction amount is increasing,the effectiveness of the limited property right room sales contract issue has become one of the hot topic of social discussion.This paper takes the effectiveness of the limited property property sales contract as the subject,aiming to demonstrate that in the long run,the limited property sales contract should be recognized as valid.At first,this paper summarizes the definition of limited property house and its causes and relevant laws and policies.It is believed that the emergence of limited property houses is related to the dual land structure of urban and rural areas,the price advantage of limited property houses and the promotion of the interests of buyers and sellers.At present our country law does not have clear stipulation to the effectiveness of contract of sale of limited property right house,there are different ideas about this on academic theory,divide into effective say and invalid say in judicial practice,there is also a lot of controversy in cases related to the sale of limited property right houses.Judging from the final judgment of the court the contract for the sale of limited property right houses is basically invalid.The third part of this paper analyzes the different positions on the validity determination of the contract of limited property right house sales,and holds that the invalidation of the contract of limited property right house sales violates the principle of good faith,and it is difficult to balance the interests of both parties And on the limited property right of the sale of the contract to say that it is invalid for three reasons: the law prohibits the sale of limited property right of the house,the sale of limited property right of the house to destroy the right of farmers to live,limited property right of the house cannot be legally registered,to refute one by one First,through the analysis of " land management law " contract law"and other laws.found that the current law does not prohibit the sale of limited property.Second,the limited property houses sold by farmers are actually in a state of long-term vacancy.They are in order to allocate their personal property more effectively and rationally and enjoy the benefits brought by economic development.Their right of residence has not been damaged.Third,the building registration is not a valid sales contract must conditions.It is also found that the sale of limited property right house is beneficial to the development of social economy.The fourth part of the paper expounds the important role of limited property right house sales in guaranteeing farmers land income,restraining the rapid rise of housing price,improving the housing insurance system,and balancing urban and rural development,and further demonstrates the necessity of confirming the effectiveness of limited property right house sales contract.Admittedly,because the current laws and regulations are not perfect and other reasons,there are still some difficulties in practice in determining the effectiveness of the contract for the sale of limited property houses.The last part of this paper put forward the limited property right business contract decided to consider common to conform to the contract respect,inherit the truth principle,principle to protect the safety of cultivated land,collective land and state-owned land equal status.Delete to ban the regulation of collective land use right transfer,perfect the system of collective land ownership and use right registration,pushing a limited property right room confirmation,build system of urban and rural integration of the household registration and land.As a whole of urban and rural development countermeasures and suggestions.