Analysis On The Effectiveness Of The Contract About The Transfer Of The House-purchasing Eligibility

The eligibility of house-purchasing is a kind of civil rights which is an expectation for the eligibility holders to obtain the ownership of the eligibility house in the future, it’s also an expectant right in the civil law because of the unique economic value. The nature attributes of negotiability of the expectant right makes eligibility holders transfer the eligibility to obtain the expected economic benefits, so that the contract of the transfer of the house-purchasing eligibility appears. There have many kinds of the effectiveness research about this contract, the supporters of the theory of the valid and invalid have different views in practice. So for the effectiveness of this kind of contract, this paper will put forward my own opinion from the aspects of theory and practice.The purpose of the first part is to define the nature of the house-purchasing eligibility. Firstly, by the analysis of sociology, this eligibility is a kind of an index or standard pre-determined by the property management department or the financing units. Secondly, by the analysis of law, this kind of eligibility conform to these three constitutive requirements of the right which are the will of subject, the interests of the behavior, the recognition and protection of the law. Thirdly, this kind of eligibility is a qualification, which means the eligibility holders have the qualification to expect the ownership of the eligibility house. Finally, this article will prove the nature of the house-purchasing eligibility is a kind of expectant right of creditor’s right, from the relationship between the expectant right and the real right, the expectant right and the creditor’s right.The purpose of the second part is to define the nature of the contract of the house-purchasing eligibility. Firstly, from the analysis of the formation of the contract, because this kind of eligibility transfer contract conforms to the conditions of the contract forming and the eligibility can be transferred as a creditor’s right of expectant right, so this is a kind of creditor’s right contract. Secondly, according to the fact which the re-transferred contract of the booking commodity house is the housing contract. Finally,through the analysis to three kinds of views about this controversy in theory and the reference of the related content of French Contract Law and Japanese Debt Law, we can prove that this kind of contract is the bilateral contract about the transfer of the house-purchasing eligibility between the assignor and the assignee.The purpose of the third part is to define the effectiveness of this kind of contract. Firstly, this kind of contract is divided into two kinds, the contract of the commercial house-purchasing transfer eligibility and the contract of the transfer of the eligibility of fund-raising rooms. When analyzing these two kinds of contracts, this article will provide theoretical basis for the validity of the contract of the transfer of the house-purchasing eligibility, through the analysis of Jurisprudence, property law and contract law. Then, this article will provide the practice support for this kind of contract, through the analysis of the causes of these two kinds of contracts and the treatment of related cases.The purpose of the fourth part is to build the risk prevention mechanism for this kind of contract. Firstly, we should insist three kinds of basic principles, the principles of equal justice, trade encouragement and good faith. Secondly, we should protect this kind of contract from the aspect of legislation. Finally, we should strengthen the function of judicial guidance and increase the awareness of risk between the seller and buyer.