A Study On The Effectiveness Of Rural Sale Contract

The meaning of the right to use homestead is the legal possession of members of the village collective organization,can be in the rural collective land on the construction of individual housing and its subsidiary of the right.The right is due to the subject to enjoy a special status and obtained according to law,and can not be arbitrarily transferred.It is precisely because the right to use the homestead is due to the identity of the right to obtain a separate flow was banned,so the construction of the housing transfer is also subject to certain restrictions,that is,rural housing and homestead use rights within the collective economic organizations circulation.The confirmation of the validity of the contract for the sale and purchase of rural houses between the members of the village collective organization is not supported by the law and the relevant laws in the current law,which leads to the same case in the trial practice.In order to clarify the validity of the contract for the sale and purchase of houses in rural areas,this paper tries to make a study on the effectiveness of rural housing sales contracts and put forward some suggestions.The structure of this article is the introduction,the text,the conclusion,in which the text is discussed from five parts:The first part:the summary of the sale of rural housing.This part discusses the concept and characteristics of the sale and purchase of rural houses,and sets out the situation of the sale and purchase of houses in the homestead,and paves the way for the following description.Part II:Legal Provisions on the Effectiveness of Rural Sale Contracts.This part is divided into two modules to elaborate the current situation of legislation on the effectiveness of rural housing sales contracts,and to list all relevant legislative provisions on the effectiveness of rural housing sales contracts at present.Part III:Theoretical understanding of the validity of the contract for the sale and purchase of rural houses.Based on the above,we mainly discuss from three aspects:from the point of view of the validity of the contract of sale,the validity of the contract of sale and the validity of the contract,and clarify the author's personal view.The fourth part:An empirical study on the validity of the contract for the sale of rural houses.This part makes a statistical analysis through the Chinese referee document network,combined with the specific problems shown in the case analysis statistics,and demonstrates how to deal with the case of the judgment of the house sale and purchase contract in the rural homestead at the present stage.At the same time,from the contract valid,invalid,the author of three perspectives on the reality of judicial practice in the rural housing sales contract evaluation.Part 5:Suggestions on the Determination of the Validity of the Sale and Purchase of Rural Housing in China.This part is mainly based on the analysis of the above,from the level of problems to start thinking,and summed up the relevant recommendations,that the premise of solving the problem is to improve the rural housing transactions in the legislation,the practice of specific practices for the conditional Determine the validity of the contract.