Study On The Validity Of The Small Property Right House Sale

In recent years, with the prosperity and development of city urbanization and the realestate market, the scale of "small property room"is also expanding, has become one of thehot topics in social discussion. For the problem left over by history, although the country giverepeated orders and injunctions in policy, banning the sale of house property behavior, butbecause of the lack of clear provisions of relevant laws and regulations, practical andtheoretical circles effect to the small property right trading controversy. The small propertyright room can be positive, the sale of the validity of the contract and other related issues havebeen of concerns to people. Compared with the domestic, foreign privatization of land, landbelonging to all individuals, in the construction of houses on the land belongs to the personalproperty, can be transferred freely, does not have the small property right house. Emerging inan endless stream in real life, the sale of small property housing phenomenon occurs. Inrecent years, the trial practice also appeared to a lot of small property housing sales cases, andthese cases focus on the "housing sales contracts are effective" expansion. Because themaintenance of the validity of the contract is directly related to whether the buyers obtainhousing property and the legitimate rights and interests of the dispute. In such cases, many aredue to the benefit assignment problems, the small property right house is sold after nationalland acquisition or demolitionprocess, from the court trial results,the determination of smallproperty housing sales contracts invalid accounted for the vast majority. Relevant laws andregulations are not perfect in the case, the court of small property housing sales contractsinvalid is justified, the avoidance of the contract, how to allocate the loss of both parties toshare the execution problem can be solved a series of problems, whether from the law to thelegal effect of a fair and impartial and to settle disputes. Social effects and so on, are worth tobe considered.Small property right problem is not only a legal question, but also relates to the farmers,city residents, government, real estate developers and the interests of all parties, therefore,based on the concrete situation, malpractice reform law and system, solve a series of socialproblems arising from the sale of small property room, having been the theory significanceand practical value.The first part of this paper mainly through the analysis of the current situation of small property room, combined with the relevant national laws and regulations as well as thetheory’s attitude, is presented in this paper is the study of the"effective problem city residentsbuying Rural Homestead house" this kind of small property housing sales.The second part is the analysis of closely related with the right to use the sale of smallproperty room homestead system. Under the "real estate development"principle, theprovisions of the right to the use of the nature and the circulation of China’s current ruralhomestead was reviewed, combined with the background of the author’s point of view, butalso for the further current analysis the small property housing sale disputes provide relevantproofs.The third part is the analysis of the circles of theory and practice of this kind of smallproperty housing sales effectiveness controversial induction. There are mainly two kinds ofviews, the first is invalid; second is valid. The author has carried on the induction analysis tosupport the two theories of reason, and through a combination of trial practice experience, theauthor puts forward that the effectiveness of small property housing sales.The fourth part of this paper mainly embarks from the viewpoint that the sale of smallproperty room effective point of view, according to the specific situation of reality, puttingforward some concrete ideas to the sale of small property room problems, mainly from thedeepening housing reform system; in conditions of case modification on the homestead rightof use of the relevant provisions of the law regulations and make special "the circulation ofrural landlaw" that the sale of small property room provides a clear legal basis; after all,thiskind of small property room has been in existence for more than ten years,the current lawsand regulations are not clear situation, through the pilot,exploring ways to solve suchproblems with rural reality, providing the reference for the future in order to solve thisproblem in a nationwide.