Research On The Validity Of The Sales Contract Of Rural Housing

With the advancement of urbanization,the number of returned houses is increasing,so the sales and disputes of rural return houses are also increasing.With the continuous rise of housing prices,some sellers attempt to obtain improper interests through litigation.The main problem in the process of litigation is the validity of the contract for the sale and purchase of rural house for moving back.There are disputes in this judicial practice.There will be different judgment results such as the judgment of the house sales contract is valid,invalid,and the ruling dismisses the lawsuit.The object of study is the effectiveness of the transaction behavior of rural housing,which refers to the house which is replaced after the original land property of the house is homestead.After moving back,they are divided into houses on collective land and houses on state-owned land.Starting from the concept of rural housing,this paper analyzes its characteristics and makes it different from “affordable housing” and “small property right housing”.Then the characteristics of the sales contract are analyzed to make it different from other housing sales contracts.This paper selects 85 cases for research,sorts out the overall situation and classifies the referee results.Through the analysis of the focus of disputes involved,the following conclusions are drawn: rural housing is the appropriate transaction subject,no right to dispose,no real estate certificate,transfer to people outside the collective organization,the policy and the nature of the land do not affect the effectiveness of the contract.If the seller sues against the principle of good faith,the contract shall be judged to be valid.According to the problems in the case,we should make a qualitative analysis of the “small property right house” in the legislation,and carry out the notice registration for the purchase and sale of the rural return housing;in the judicial aspect,we should unify the judgment rules,and in the law enforcement level,we can adopt the suggestion of paying the homestead use fee to remind the buyer how to reduce the transaction risk of this kind of contract.Such disputes will gradually decrease with the deepening of homestead system reform and the completion of rural real estate registration.Figure 0;Table 0;Reference 44...