Analysis On The Sale Contract Of The Resettlement Housing For Demolition And Relocation In Rural Areas

The validity of the sale contract of the resettlement houses for demolition and relocation in rural areas has always been the focus of many scholars.In recent years,the integration of urban and rural areas in China has been deepening,and the number of the resettlement houses for demolition and relocation in rural areas has been increasing.The increasing number of the resettlement houses for demolition and relocation in rural areas and the relatively lower price compared with ordinary commercial houses make the transaction of the resettlement houses for demolition and relocation in rural areas more active.However,at present,China’s laws and regulations,especially local government policies,have set many restrictions on the transaction of such houses.In particular,the nature of the resettlement houses for demolition and relocation in rural areas has not been clearly defined,which leads to disputes over the validity of such housing sales contracts.In addition,the resettlement houses for demolition and relocation in rural areas tend to be settled for a long time,and the regional policies are obviously different,resulting in a huge difference of judgment results in different stages and different buyers of such housing sales contracts in judicial practice.Based on the actual cases and combined with the civil law theory,this paper tries to set up a clear judgment mode for the controversial transaction of the resettlement houses for demolition and relocation in rural areas,avoid the occurrence of different judgments in the same case,and ensure the authority of the law.The preface of this paper briefly expounds the origin of the resettlement houses for demolition and relocation in rural areas and the dispute focus of the sale contract dispute.The first chapter of this paper collects and analyzes the existing online judgment documents related to the sales contract of the resettlement houses for demolition and relocation in rural areas,and then understands the judgment result of the validity of such housing sales contract and different cases in judicial practice.The second chapter of this paper is to understand the uniqueness of the resettlement houses for demolition and relocation in rural areas through mastering the relevant concepts and characteristics of the resettlement houses for demolition and relocation in rural areas,and to understand the uniqueness of the sale contract of the resettlement houses for demolition and relocation in rural areas through analyzing the different stages and the purchase subjects of the sale contract of the resettlement houses for demolition and relocation in rural areas.The third chapter of this paper analyzes the existing reasons for the invalidity of the sale contract of the resettlement houses for demolition and relocation in rural areas and then makes it clear that such reasons are not valid,and,based on the The Principle of Integration between House Ownership and Land-using Right and the principle of honesty,puts forward that it is necessary for the sale contract of the resettlement houses for demolition and relocation in rural areas to be effective.The conclusion of this paper briefly expounds the necessity of clarifying the validity of the sale contract of the resettlement houses for demolition and relocation in rural areas.