Study On Validity Of Contract About Private Rural Housing Bought By Urban Residents

Under the current legal framework in china, the ownership of private houses in rural areas and the homestead use right are out of touch in the process of buying and selling homes therefore, disputes arising from the sale of private houses in rural areas bought by urban residents are continuing especially, how to identify the validity of contract of housing sales is the focus of controversy, the focus has been concerned by scholars and practitioners, but different schools have different points of view, so the same kind of cases has different judgments, this phenomenon is widespread. This article attempts to re-examine the various points of view, find out the legal basis of identifying the validity of contract about housing sales and propose that how to resolve this dispute of the validity of contract about housing sales in an effective way, the author hopes the article can be benefit for judicial practice.The article consists of three parts:introduction, text and conclusion. The main contents are as follows:The first chapter summarizes the basic issues about the contract concerning private house in rural areas bought by urban residents. This chapter includes contract object, contract subjects and contract character. This part focuses on the analysis of transaction status, legislative status and judicial present situation. On this basis, the article points out the focus of dispute about private house in rural areas bought by urban residents——how to identify the validity of contract about private rural housing bought by urban residents.The second chapter analyzes the legal basis, theoretical and realistic significance of approving validity of contract by elaborating and evaluating various views about the validity of private rural house sales contract in academic and judicial practice areas, and combing Contract Law’s requirements about contract’s valid factors; the legislative intention about the homestead use right, the difference between the use right and participation right of the rural homestead, the discrimination principle of property, the principle of integration of land and house in Property Law; theoretical thinking about reasonable person, private right and justice in legal philosophy area.The third chapter, at the first brush, analyzes the root of the dispute about the validity of contract concerning private rural housing bought by urban residents at the legislative level——the ownership of private houses in rural areas and the use right of the rural homestead are out of touch in the process of buying and selling homes, and proposing the solution about the root of the problem:Lift a ban on the transfer regime of the homestead use right. Afterwards, proposing some beneficial suggestions about improving policies and systems, lawfully executing, rational justice for policy makers, administrative authorities and their staff, judicial authorities and their staff from the view of administration and justice.In conclusion, when legal system and social development are out of touch, first of all, we should seek the best solution legally and reasonably under the current legal framework to settle disputes and stable society; secondly, we should improve the relevant legal system supplemented by administrative and judicial means to meet the needs of social development, and give legal support and theoretical basis with the purpose of disputing the validity of contract fundamentally.