| Along with the advancement of urbanization in our country,more and more cities on the outskirts of the rural land expropriation,houses to be demolished,rural residents move upstairs and began to have the city life.Land and houses to be demolished,rural residents in the household as the unit mostly in the form of house demolition resettlement,the family often can achieve more than two sets of resettlement house,that part of the idle housing demolition,the people in order to obtain more interests,so was born the demolition of housing for circulation.The transfer of resettlement housing property disputes happened more and more and appealed to the court.It is thought that the rural resettlement housing is not without the ownership registration formalities in accordance with the actual distribution,demolition of housing for the circulation is invalid.It is thought that belongs to the family of housing demolition,the transfer of behaviour on the part of a family member belongs to has no right to dispose of,transfer is invalid.There is also a view that this kind of case should be at the time of the conclusion of the contract both sides sign the contract with the intention of,as long as meet the requirements of the establishment of the sale and purchase contract between parties,regardless of cause the change of real right,should be protected by law.The author agree with the last one view,a lawfully formed contract,is legally binding on the parties,as long as meet the requirements of the existance and validity of law,the contract should be effective,also can better understand the real right and creditor's rights to distinguish principle.This article through to the demolition of housing for buying and selling contract effectiveness,the purpose is to provide legal thinking,the judicial practice and judicial activities also hopes to understand legal workers autonomy law,protect the interests of the bona fide person that buy a house,maintaining trading order and security. |
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