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Study On Legal Issues Of "Uncompleted-Right" Houses

Posted on:2009-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y MaFull Text:PDF
GTID:2166360245458258Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As China's house prices rising, many areas have emerged the phenomenon of selling houses on the collective ownership of land, so-called "Uncompleted-Right" Houses. "Uncompleted-Right "Houses is not newly emerging things. From China's housing reform, the concept of "Uncompleted-Right" Houses had been there. The article on the "Uncompleted-Right" Houses means the houses built on collective land with the seals of the township (town) government or the village committee which prove their ownership, and without the seal from National Real Estate Control Section. Compared to the "Completed-Rights" Houses, "Uncompleted-Right" Houses have their own advantage on the price, but as to their level of property management and legal effect on the housing rights, there are still serious deficiencies. Therefore, researching the phenomenon of "Uncompleted-Right" Houses on the legal issues both have a certain theoretical significance and strong practical significance.The first part of this article is on the basic issues about the "Uncompleted-Right "Houses. Firstly, stresses on a small property rights legal analysis, which from a realistic point of view and theoretical exposition on the "Uncompleted-Right "Houses. The main reasons for the first stage of China's commercial housing Price is too high, property rights and the development of "Uncompleted-Right "Houses has low-cost, and there are some loopholes on land management in the law.The second part is the key to this paper, the first analysis on the current conflict between the "Uncompleted-Right "Houses and the China's legal system, summed up China's first right to use the house foundation circulation and the sale of housing law, property rights of "Uncompleted-Right "Houses illegal is a violation of China's peasants on the collective ownership of land, including the use rights may not sell, transfer or lease the building for non-agricultural. There is a theoretical and practical aspects of demand analysis on rural house foundation and the right whether can enter the market or not, which may temporarily raise the income of the fanners, alleviate the housing conflicts, but forms a challenge on China's basic system of land, and is not conducive to China's social and economic stability in the long run.The last part is the most important innovation in this paper, mainly discussed the rights and interests protection for the buyers who have bought the "Uncompleted-Right Houses", including the existing relief measures on real estate disputes for the protection of buyers' property rights and interests, protection of buyers' rights under the invalid purchasing contract, holding differential treatment on the disputes in accordance with the difference main bodies, in the light of the ways of dealing with illegal construction to protect the buyers, and "Uncompleted-Right Houses" buyers holding rational maintenances on their own rights and interests.
Keywords/Search Tags:"Uncompleted-Right" Houses, conflict in laws, rural collective land system, rural homestead right of use, rights protection
PDF Full Text Request
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