Mr.and Mrs.Zhu V.Li Commentary On The Dispute Over The Transfer Of The Right To Use A Residential Land

Disputes over the transfer of the right to use a residential base are a common problem in rural areas at this stage in China.In practice,there are different views on the validity and legal consequences of the act of transferring the right to use a residential base.The sample case is Zhu and his wife v.Li,in 2005,Zhu and his wife entered into an agreement for the transfer of their residential land,and in 2016,Zhu and his wife filed a lawsuit with the District People’s Court to have the transfer agreement in question confirmed as invalid.In 2019,Mr.and Mrs.Zhu again sued Li for the return of the residential base and the house on it.After the District People’s Court dismissed the petition,Mr.and Mrs.Zhu appealed to the Municipal Intermediate Court and applied for a retrial to the Provincial High Court,but both were dismissed.There were three points of contention in the case:(1)whether the agreement on the transfer of the right to use the residential land in question was valid;(2)whether the right to use the reconstruction land in question,the house and the transfer money should be returned to each other;and(3)whether the litigation request of Mr.and Mrs.Zhu for the return of the right to use the reconstruction land and the house in question had passed the statute of limitations.Among them,the validity of the agreement on the transfer of the right to use the mansion base is the core issue in resolving the dispute over the right to use the mansion base,and also has an important impact on the handling of the latter two points of contention.The validity of the agreement on the transfer of the right to use a residential base must not only conform to the elements of the general contractual validity,but also to the special requirements of the residential base system.In practice,most of the transfer agreement of the right to use the residential base are invalid,thus bringing about the legal consequences of the return of the residential base and residential housing,transfer payments and compensation for losses,so that the transferee is faced with the return of residential housing,damaged interests and other dilemmas,the need to combine the fault of both sides,economic capacity,stable status quo and other practical situations to reasonably determine whether the need to carry out the consequences of the return of the residential base.The determination of the statute of limitations for claims such as the return of the homestead is based on the time after the determination of the nullity of the contract.