The Analysis Of Legitimacy Of House With Limited Property Rights

This article take a case as an example,and this case is about the deal contract dispute of agricultural house during Li Yulan and Ma haitao in Beijing tongzhou district songzhuang town.Through the legality analysis about the court decision, the author expressed the viewpoint that in the existing legal framework,the contract can and should be recognized as a valid.Based on the deeply analysis about the case,the author discuss the legality of houses with limited property rights.At present the central government takes the prohibition measure to the housese with limited property rights,thus the author studied China's Constitution and the relevant provisions of land.Based on the principles of fairness and good faith in civil law,and one of contract interpretation rules:when a contract may be interpreted as both effective and also may be interpreted as invalid, it should be interpreted as effective according to the purpose of the contract,the author inference the houses with limited property rights can be recognized as valid in the existing legal framework.In the next part, this article discuss the cause and system root of the dispute in the case.The immediate causes of the houses with limited property rights can not be forbidden are city house prices soaring and the motivation of rural collective make use of own land resources to profit,but the deep system root are the city and countryside dual land system, the inequality of state and collective land ownership and the monopoly of real estate development. To the transactions of the houses with limited property rights, simply prohibit can not solve the problem fundamentally.In fact,this problem have already revealed the drawbacks of relevant laws and systems. IT has the theoretical and practical significance that solve creatively the legality problem of the houses with limited property rights.Finally,the article proposes the tentative plan about improving related systems.Currently,the land system and the real estate development system in varying degrees lag behind the step of economic and social development.Improving these systems is an urgent problem about the current depth reform and the market economy develop healthily,and it is also the need that the law play better the role of guidelines.