The Effectiveness Of Affordable Housing Sale Contract

Affordable housing system is our government and enterprises, which ensures thatlow-income families have houses to live and achieve housing ultimately. It puts intopractice for many years and achieve better social effects. But affordable housing hasits security function and the protection of the rights, which provides the possibility tocirculate in the market. As a form of second-hand housing transactions, the validity ofaffordable housing sale contract causes great controversy. There are so many articlestalking about the problems of affordable housing today, which covers the dimensionof law, economics and sociology. But most of them are discussed from a systemperspective, and lacked of empirical analysis. The thesis is a case study type papers,which tries to find the focus of controversy from the case. Then it combines theprovisions of laws and regulations with scholarly research to make a conclusionfinally.In this paper, more than15,000words, is divided into five parts:Part1Introduction of the affordable housing sale case. The author finds a typicalaffordable housing sale case from the courts in recent years, which has oppositeverdicts from the court of first instance and second instance. Then the authorsummarizes a point of contention, the judgment basis of the effectiveness ofaffordable housing sale contract.Part2Empirical Analysis of the effectiveness of affordable housing sale contract.We search for several referee documents about the effectiveness of affordable housingsale contract in recent years from Chinalawinfo and summarized in the arguments ofthe effectiveness of affordable housing sale contract from different courts. Accordingto the generalized results, we summarized controversial issues.Part3Analysis the effectiveness of the case for the sale of affordable housing. First, we started from the affordable housing law attribute starting and clarified theirdifferences with commercial housing. Then we magistrated the reasons which thecourts supported and analysed them whether accorded with the spirit of the current legislation. Combining academic research results, we pointed that distinguishingmandatory provisions can not fit the needs of the judicial practice of mandatoryrequirements. We should use the interest method to judge the effectiveness of contractfor the sale of affordable housing with the principle of proportionality.Part4Analysis of the results of the judgments on the case. Based on thecomparison of referee reasons and conclusions of the first instance court and thesecond instance court, we pointed out that the conclusions of the court of secondinstance is more legitimate and reasonable, although it had some problems. After thatwe summarized some general rules for facing similar cases in the future.