On The Legal Effect Of Rural Housing Sales Contract

With the development of the economy,the exchanges between urban and rural areas in China have become more frequent.There are more and more farmers are working in the city and the phenomenon of urban residents buying houses in the countryside is also growing.However,for the effectiveness of rural housing sales contract,most of the court's judgments are invalid,but there are also a few judgments are valid.Moreover,The relevant legal provisions of the valid and invalid reasons and circumstances are not perfect and there are also controversies in theory.In particular,the court's approach is not uniform on issues related to the invalidation of rural housing sales contract.Therefore,this paper takes the legal effect of the rural housing sales contract as the theme.And by analyzing the 105 cases of the rural housing sales contract validity disputes in the 2018 pkulaw,this paper summarizes the position of the court in handling the rural housing sales contract validity disputes,the general practice of the contracts are valid and invalid and how the relevant issues are dealt with after the court's judgments are invalid.Hoping the summary can offer reference to the dispute resolution of the rural housing sales contract' legal effect in the future.This paper will from five parts to analyse the legal effect of rural housing sales contract.The first part introduces facing the current land system reform in China,more and more persons call for rural housing sales contract should be effective.So it is necessary to re-analyze the effectiveness of rural housing sales contract and conclude that the current practice of the courts in dealing with the disputes over the effectiveness of rural housing sales contract,then combs and introduces the domestic and foreign research status of rural housing sales contract effectiveness and the research methods of this paper.The second part analyzes the connotation and characteristics of rural housing sales contract,pointing out that the rural house studied in this paper is house built on the farmer's homestead.The rural housing sales contract studied in this paper is urban residents and foreign villages who purchase the above rural house.The third part reads and analyzes the 105 cases of the legal disputes concerning the legal effect of the rural house sales contract in the 2018 pkulaw.From comparing the 105 cases' effectiveness,it is found that the courts will from six parts to decide the rural housing sales contract is valid or not.But there are cases which the cases' situation are same but the judgments are different.Therefore,this paper selects eight typical cases with different judgments.Through the analysis and introduction of these eight cases,it is found that the focus disputes of the coexistence of these eight cases are how to identify the members of the rural collective economic organizations,the validity of the rural housing sales contract signed before 1999 and signed after 1999,the court how to handle the invalidity of the rural housing sales contract.the fourth part combines the current legal provisions and theoretical views,analyzes the above four disputes one by one,then points out whichjudgment results of the eight cases are wrong.On the basis of the above analysis,the fifth part proposes proposals perfect suggestions on the rural hosing sales contract.