Font Size: a A A

Discuss The Legal Requirements Of Limited Property House

Posted on:2015-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2296330434453557Subject:Law
Abstract/Summary:PDF Full Text Request
Limited property right with its low prices in the real estate market has caused the attention of people from all walks of life. Recently, a few local court of limited property right business contract is invalid once again make the limited property right become the hot issues. The current laws and policies of limited property right have denial attitudes. Due to the institutional defects, the judicial trail is in a dilemma:on the one hand, the judicial trail should consider the judicial consistent orientation and the national laws and policies are in good agreement; on the other hand, it is necessary to balance the urban credit principle of the civil law to maintain the social process public policy. It is difficult to give consideration to two or more things between social effects and legal effects for court. During the business of limited property right, which involved some interest subjects such as urban and villagers residents and collective organizations and the nation, it is not suitable that the limited property right were entirely judged to be invalid after the analysis of advantages and disadvantages of the limited property right trading, but the limited property right should be classified and in combination with the practical situation of the current country and the latest policy in our country on limited property to discuss the effectiveness of the contract of limited property right. The limited property right is not only a legal problem, but also a social problem; it shows a line of the defects of the system of land. In theory and practice, the limited property rights are faced with the huge trouble and affect the legitimacy and rationality of its existence. Based on the basic nature and causes of limited property right, the legal problems of the limited property right in the circulation and its advantages and disadvantages analysis, and combined with recent policy solutions to the problems of the limited property right, I put forward some suggestions from the legislative、judicial、administrative law enforcement and legal supervision on how to improve the system of limited property right in the circulation of benefit protection for both sides and I look forward that it has little effect on solving the problems.
Keywords/Search Tags:limited property right, circulation, the effect of contract, urban-rural dualism
PDF Full Text Request
Related items