The Subject And Effectiveness Of The Affordable Housing Index Transfer Contract

Affordable housing is an important part of our security housing of low-income people.Since affordable housing system implemented, it really solve the housing difficulties of many urban low-income families, but there are many problems in the course of the operation, in which legal disputes in private transactions of affordable housing indicators would have occurred in various places.Local courts for the effectiveness of affordable housing contract of assignment identification indicators there are many disputes and differences, lead to the same court case is very different, is not conducive to maintaining market order. So explore the effectiveness of affordable housing contract of assignment indicator has important practical significance.Firstly, the two typical case of affordable housing indicators transfer to start, and the simply state the outcome of the trial judge,and sort out the focus of controversy induction, summed up the main reason the court found affordable housing indicators transfer contract invalid. Then Confirm the subject of affordable housing contract of assignment index,focused on the meaning and legal property of affordable housing indicators.Finally looks for the legal basis for valid of the contract of the transfer of affordable housing indicators, from three aspects of the principle of good faith, legality, legitimacy.The article will discrible it in five parts.The first part will raise two model cases trande of economically affordable housing,and outlined the results of the trial court and judge the results.The second part will leade to the key points of these dispute. The first is if the economically affordable housing could be traded., the second is the transfer of affordable housing contract is illegal indicators, three indicators of affordable housing contract of assignment is injurious to the public interest.The third part is the meaning of the index for the economically affordable housing. Demenstrate the nature of its property rights, the character of its creditor rights. Clearing the three parts of its characters, it will be necenarry to make a conclusion of the trade contract.Then, goes to the forth part. This will be the main part of the whole article. Discribing the controversy of the validity of the contrac between therotical and practical, then make a legal analysis of the key points of trading the economically affordable housing, pick oue the substance of the dispute, and make out the evidence of the arfirmation. Previously, the validity of the contract for economically affordable housing should be base on the principle of autonomy and honesty. The second, using semantic interpretation, system interpretation, and teleological interpretation, recognising the involved mandatory rule of law is not belong to the effective enforcement regulations. It can prove the contract lawful. Using the principle of proportionality measure the propotion between pubic advantages and personal intrests in the contract of economically affordable housing. Thereout to prove the rationality ot the contract.The last part is epilogue. Affordable housing is a government index based on its administrative behavior to create a new property, and in accordance with the basic features of claims, claims belong to, and it does not have personal property in the transfer process, so the subject matter of the contract as a transfer.The people can apply for economically affordable housing have to filter by a special way of checking. But the assigment of housing is not have personal attribute. The arragement of trafering the economically affordable housing is valid arrording to the 52 th in Contract Law, which point out the invalid clauses. Therefor, in juridical practice, the judge shouldn't disavow the validity of the transfer housing contract.