Research On Fund-Raising Room Transferring

At present, the disputes case of the fund raising house trading is one of the hot topics in China Civil and Commercial cases which have great influence、covers a broader area and serious imbalance.Nowadays, due to the lag of related laws and regulations, for many issues emerging in the process of housing transactions are unclear or inconsistent, in theory, there is a dispute on the understanding of buying and selling contract validity, these had caused parallel tracks during the judicial practice. This study through the analysis of typical case about the fund raising house transaction contract dispute, examine the current situation and the basis of housing transaction contract validity in China, analyzes and summarizes the problems that exist in the cognizance of the courts and judicial official about housing transaction contract validity, proposes some rationalization suggestions for unify the cognizance of fund raising house transaction contract validity and the contract risk prevention in China.This paperis composed of three main parts:In the first part, Case introduction and controversy, explain the reasons for this phenomenon, and the concept of fund raising house and defining the legal nature, and thus provide the basis for below for fund raising house dispute applicable law.The second part, In case of dispute focus make specific legal, the part will be the focus of the article. From the agreement is valid and invalid reason analysis, reveals the question, then analyses how to maintain the effectiveness of the proposed agreementThe third part, points out the problems in judicial practice, for the unity of our country fund raising house ascription problem of the determination and fund raising house property buying and selling contract effectiveness and to provide theoretical basis.