Font Size: a A A

Study On Legal Issues Of Invalid Rural Land Contract

Posted on:2015-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q XuFull Text:PDF
GTID:2296330464951414Subject:Economic law
Abstract/Summary:PDF Full Text Request
With urbanization, industrialization pace constantly moving, using the value of rural land has become increasingly prominent, the rural land contract disputes also will gradually surge. In accordance with the mandatory provisions of the law court to determine the case of these disputes, mostly contract is invalid, resulting in a series of legal consequences. Rural land contract and management contract is a fundamental basis for the establishment of rural land contract and management rights, is an important rural economic system to protect rural stability and development. Therefore, a careful study of rural land contract arising from the contract invalid reasons, try to avoid or reduce the generation of invalid contracts, reduce waste caused by invalid contract management of resources and production operations in rural areas, for the protection of farmers’ rights and interests, promote agricultural production and management of health, sustainable, efficient and rapid development has important practical significance.Firstly, from real cases encountered in practical work to start, through case studies, leads to questions raised in rural land contract invalid contract is what legal circumstances, causes produce, how to avoid or reduce the occurrence of invalid contracts and invalid Contract judicial relief, and several other issues.Secondly, in-depth study of the concept, nature and classification of rural land contract, summed up the rural land contract valid legal situation, enumerated type with fallback proposed contract is invalid divide circumstances. Through the rural land contract invalid contract comprehensive analysis, proposed a "lack of awareness, management deficiencies exist" and "the interests of the flooding, there is lack of good faith", "legislation behind, worth to be clear," three reasons. On this basis, the proposed "corrective validity of the contract values identified", "on the main qualifications accurately grasp", "accurate grasp on the terms of the contract," "grasp the signing of the program," "strict application of the provisions of the contract caused by" other measures avoid or reduce the occurrence of the contract invalid.Finally, the article analyzes the legal consequences of an invalid contract, proposed to strengthen the rural land contract invalid contract the innocent party of judicial relief. The return of property which should include fruits, can not or do not need to be compensating for the return of the property, and put forward innovative ways to improve the compensation for the innocent party to strengthen the rights of the innocent party relief methods.
Keywords/Search Tags:rural land contract, invalid contract, legal issues, measures
PDF Full Text Request
Related items