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Empirical Study On Collective Land Contract Right Priority Problem

Posted on:2017-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:H L ZhengFull Text:PDF
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This paper discusses and summarizes the relevant empirical issues and legal connotation of the priority of the right to contractwhich is frequently occurring and controversial legal issues in the course of judicial practice, and puts forward some suggestionson the basis of summing up the probability and statistics as well as the academic point of viewby the trial of disputes over the right to contract in rural areas. By putting forward my own proposals to help the trial practice and work.The main points of this paper mainly include the following points:First of all, there are two ways to divide priority of the right to claim object of the right, if the law stipulates the right of priority to the source of the right, then The object of the priority of the right to contract is the subject of infringement of rights.If the contract agreement is the source of the priority of the right to contract,then including third people in good faith and third malicious,when third people are in good faith, the right person can only claim the rights of the parties of the contract.When third people are malicious, the right holder can claim the right to the other party and the third party at the same time.Second, about the identification standard of "equal conditions", which depends on the interests of contracting party or the transfer.The "conditions" of the “equal condition" should include agricultural technical force, financial situation, reputation status, obligations, and the contract price, contract deadline, contract land scope for maximum benefitThird, The validity of the priority of the contract by the contract is determined,by the statutory priority of the right to contract has been violated because of illegal procedure.the contract is valid if the villagers of more than 2/3 agreed,in the contrary, after a village meeting by the village committee,there are no more than 2/3 agreed or no meeting,the contract is invalid.Fourth, about the relational identity between the holder of the default and the priority contract right, it is based onif the obligee has violated the law to the requirement of the contractor about forced obligation. Even if the statutory priority of the right of contract breach will not must be lost priority contract.It is different for the agreed prior contract in the extent of contract breach, if the contract is intermianted for the fundamental breach,the obligee loss of priority contract. If the default severity or contract expressly agreed in the default approach, obligee can still continue to exercise the priority of the right of contract. Complying with the statutory obligation of the right is contracted management of requirements.Fifth,about the processing standards about the conflict of rights.It is important to protecting the interests of the members of the collective economic organization, when the priority of the contract is in conflict with the priority of the contract, which is statutory prior to appointment. There are three possibilities when the contract expires, the original contractor claims that the priority of the right to the right of the contract and the other subjects.In the first case, the former contractor is a member of the collective economic organization, when the priority of the contractor’s priorityconflict with other rights;In the second case, the original contractor are members of the collective economic organization,which fails specify the priority of the right to contract under the expiration of the other members also require the exercise of the priority of the right to contract, that belongs to the internal affairs in the collective economic organizations as according to the specific circumstances. The third kindof situation, selection should be the original contractorwho is the collective economic organization members, in terms of the contract signed the end of the original contracting party and the other subjects also need exercising the priority right. In this situation, if the other is the subject of members of the collective economic organization,whether the other dispute of subject is not the original contract agreed to the next round of contracting the priority right, which have agreed to support the original contractor’s priority right. If there is no agreement involving in priority right the master or the transfer can be based on the specific circumstances of the contractingparty.
Keywords/Search Tags:Collective land, Right to the contracted management of land, Priority, Priority contract right, Rural land contract disputes
PDF Full Text Request
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