| With the development of our social economy and the speeding up of urban-rural integration, urban population and rural population, the accomplishment of the flow is becoming more and more frequent, should the reality demand, more and more people choose to buy a home in the countryside, the resulting widespread house-site in the countryside housing transfer contract disputes.At present our country’s laws and regulations of the provisions of the housing transfer problem of house-site in the countryside relative disorders, policy guidance and normative documents and there is a conflict, academia of house-site in the countryside house the effectiveness of the contract confirmation is valid, invalid and three point of view, with pending validity in the judicial practice also produced many different connection with the case. Invalid views from the legal restrictions on the land circulation, land safeguard function and rural homestead housing free circulation after the flip side of its conclusion, that confirm the house-site in the countryside housing transfer contract is invalid to comply with laws and regulations, and to better safeguard farmers’ basic rights, prevent excessive concentration of social resources;With pending validity of views from the ownership of the land owned by the collective, the villagers dispose of housing land use right belong to have no right to dispose of all others point of its conclusion, think confirm housing transfer contract with pending validity of house-site in the countryside can better protect ownership;Effective point of view from the contract effective elements, history, laws and regulations, and realistic demand Angle to its conclusion, that confirm the housing transfer contract of house-site in the countryside can effectively protect the lawful rights and interests of the parties, and promote economic development, improve the utilization rate of resources, and can solve the dispute, have the effect of legal dispute on check for.Article makes an analysis about the present situation of house-site in the countryside house, compares existing different point of view of, in not distinguish between the main body from the collective, the collective group or other towns shall confirm the housing transfer contract of house-site in the countryside under the condition of effective point of view, and from the basic theory of law, the general principles of the civil law and contract law, property law, confirm the housing transfer contract effective practical significance of house-site in the countryside, demonstratesthe viewpoint. On this basis, from changes in laws and regulations, start the registration procedures, establish the homestead legal rights, establishing the paper discussed free transfer of housing land use right system of rural homestead housing transfer concrete means of problem solving. |
