On The Effect Of Urban Residents' Purchase Of Rural Housing Contract

The acceleration of the urbanization construction promotes the urban and rural population flow, rich farmers into town to buy houses, a lot of people urban residents want to buy houses and live in the countryside,the sale of rural housing increasingly active. Imperfect and unsystem aticprovisions of rural housing transaction in the laws make rural housing transaction disputes increase constantly; especially the contract effectiveness in urban residents’ purchase housing in the countryside is most complicated. Due to the disharmony between the laws and policy, verdicts of different courts for the similar cases sometimes are very different; the phenomenon that the different verdicts of the same cases occurs frequently. If only in accordance with the laws and policies of the state, simply to make a decision, not only failed to stop litigation, but also may lead to more conflicts. Around the court for such cases, not only to coordinate the law and policy, and hope that through the allocation of responsibility for condemning break-promise. This paper argues that urban residents purchase rural housing contract effective judgment, by combing the existing views, identified urban residents buying rural housing invalid argument to the main argument, the argument of urban residents to buy the legitimacy basis of rural housing.Except the preface and conclusion part, the paper consists of three parts.The first part introduces the status quo of urban residents’ purchase of rural housing contract law regulations. The author starts from the concept of rural housing and distinguishes rural house and "limited property house". By analyzing the economic and social development, the current national policies, laws and regulations as well as the typical cases, the author reveals the reasons of the rural housing transaction contract disputes and points out the problems existing in the current system of rural housing transaction.The second part reviews the three kinds of view in the current theory and practice circles of validity of contract of urban residents’ purchase of rural housing (validity view, invalidity validness view and partial validity view), analyzes the processing method after the contract is invalid in the judicial practice, points out the existing problems, and put forward that after that contract is invalid, the interests and the responsibility of both parties should be allocated, rather than simply deciding that the contract is invalid;The third part the author believes that the contract validity view conforms to China’s reality and is worth acceptance; the judge standard of invalid contract by the buyer’s identity or that the property of house is not registered does not conform to the stipulations of the law. Through the main reason for the identified urban residents to purchase rural housing contract is invalid to refute, and points out that only to buy by the identity, the house did not apply for the registration of property rights or in violation of the "contract law" the article 52, paragraph 5, by determining the contract null and void does not comply with the provisions of the law. The validity of the purchase of rural housing contract is demonstrated by the urban residents.