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Study On Effectiveness Of Sale Contract Of Housing Built On Allocated Land

Posted on:2018-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:2346330542480159Subject:legal
Abstract/Summary:PDF Full Text Request
with the rapid development of market economy in recent years,the real estate market is simultaneously booming,as a result,the dispute of building business contract is continuously increasing,especially,the dispute of taking land allocation as the carrier of the contracts.The courts have different opinions on solving these disputes and their judgements are not unified because of the complexity of nature of the land.As far as the current judicial practice is concerned,there are two "valid"and "invalid" trial ideas.For this problem,I have analysed many cases on two different referee results by summarizing lots of cases on the China referee networkand combining with the current law,finaly,I found the trial difference between "valid" and "invalid" judgement.It was the relation of the validity of the contract on the allocation of land and approval procedures?The land is not examining and approving will affect the validity of the building business contract on the allocated land.At the same time,according to the existing legal provisions,I have analyzed further whether the contract violated the mandatory provisions on the law and administrative law,and whether the public interest has been damaged or not.At last,I provide much more trial ideas for such cases by introducing the principle of interest measurement at the end of the article.
Keywords/Search Tags:land allocation, the building business contract, Valid determination, the interests of the measurement
PDF Full Text Request
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