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The Validity Of The Theory Of False Building Business Contract

Posted on:2015-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2296330452467198Subject:Law
Abstract/Summary:PDF Full Text Request
Real estate transactions is one of the significant economic activityabout the livelihood of the people, also will be affected by national andlocal policies, such as finance and taxation policy of multiple control andinfluence. Found in the trial practice in recent years many false buildingbusiness behavior, are widespread in the second-hand housingtransactions, both damage the legitimate rights and interests of the bonafide third party, and easy to cause social instability, has a great socialharm. In the society under the background of high housing prices, inorder to maintain trade order control prices and introduced some laws tolimit, for the sale and purchase of the two sides have played some barriers,which is false in the important reasons for the sale and purchase behavior,this article from the perspective of contract effectiveness, through theanalysis of all kinds of false building business contract.This paper is divided into four parts altogether:The first part of the basic form of "false contract that buy a house", this paper introduces the "false contract" is the basic form; Signed for taxevasion and tax avoidance "contract of Yin and Yang", called "hypocrisy"is actually a fraud of purchase, rely on a false business borrowing "loancontract" and so on many kinds of form;The second part of the cause of false contract that buy a house andthe damage of the cause is to pursue interests and legal consciousness,harm is the damage to the real estate market order;The third part of the effectiveness of the contract, basically have"invalid" and "part is invalid", deeply analyzes the false the effectivenessof the contract issues and problems in judicial practice, mainly analyzethe contract of Yin and Yang, through the court case to illustrate specific;The fourth part I of the contract of Yin and Yang, elaborated theauthor view of the contract.
Keywords/Search Tags:False buy and sell, A contract of Yin and Yang, Contracteffectiveness
PDF Full Text Request
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