| Living and working in peace and contentment is the top priority of the people.China's housing from the era of welfare housing distribution gradually changed to the housing commercialization,social housing new system.With the continuous progress of urbanization,the special housing such as demolition and resettlement of housing has become a new product of the times.More and more rural housing has been incorporated into the scope of the demolition,land demolition,the government in order to resettlement demolition,demolition of households are to solve the housing problem,unified construction of resettlement housing volume.Such resettlement housing refers to urban development and other reasons,the demolition of rural homestead housing was demolished,and the government selected plots of land,construction,resettlement housing for the demolition.In view of the demolition of the resettlement housing in the demolition of the original farmers homestead,housing,organized by the government to build,so the resettlement housing not only has compensation attributes,but also has social security functions.The supply of this type of housing for the demolition of the region corresponding to the demolition of the family.Apart from being regulated by the laws and regulations of the state,it is also restricted by the relevant policies formulated by the local government,in addition tobeing regulated by the laws and regulations of the state.In the resettlement of housing transfer transactions,compared with ordinary commercial housing,there are many restrictions.With ordinary commercial housing is different,the resettlement housing for the purchase of a specific group of people,that is,the relocation of the family,only the original homestead,housing demolition farmers are eligible for the purchase of such a particular housing.Moreover,according to local regulations in Shanghai,in the removal of the family to obtain housing property rights certificate,it will take 3years before the transfer of external.Indeed,the transfer of resettlement housing is restricted period limit,but in reality,due to the low resettlement housing listing price than the same area with lots of commercial housing,so more and more people join the ranks of the purchase of the housing.Some individuals and companies use resettlement housing price advantage,have a large number of acquisitions,and even some companies in the form of funds specifically engaged in the sale of housing placement.Shanghai regional demolition resettlement housing volume is very large,because of the housing advantage of the housing prices favored by those who buy houses.In the interests of the buyer,often overlooked the existence of risk.In the purchase and sale of housing contracts signed by the seller and the buyer,the trading target of the housing did not obtain the ownership certificate,the two sides agreed to transfer must also be in the resettlement housing to meet the transfer conditions can be handled.In the housing prices continue to rise in the background,the seller and the buyer signed the removal of housing sales contracts,the agreed housing prices are generally lower than the same number of commercial housing.As time goes on,the value of the house is soaring,and when the house meets the conditions of the transaction,the market price of a house is often 2-3 times higher than that stipulated in the contract.In the face of so much interest,in order to achieve the purpose of sale of breach of contract,often looking for a variety of reasons to deny the validity of resettlement housing contract,to refuse to perform submitted or transfer procedures.Because the seller refused to perform others or transfer procedures resulting in litigation disputes,the case also showed explosive growth.The resettlement of housing disputes often involve sellers,sellers,households,buyers,real estate developers,intermediaries and other legal subjects,the legal relationship is more complex.This will be the demolition of housing in rural homestead after the resettlement housing as the research object,which relates to the type of housing dispute case,focus on the typical problems of housing disputes,including resettlement to determine whether the effectiveness of standards,resettlement housing sales contracts and the basis for effective contract changes in property etc.the problem of housing ownership.In judicial practice,there are many disputes about this kind of real estate.The author studies the various forms of cases and sorts out the judgment opinions of various cases,so as to provide guidance and suggestions for the parties concerned.The main research contents include: 1 ? The judicial status of the disputes about the resettlement housing and the application of various conflicts related to the resettlement and resettlement housing disputes;2?The characteristics and background of the special housing such as demolition and resettlement housing;3?The effectiveness of the resettlement housing sales contracts,the effect on the contract includes the following aspects: the resettlement housing is invalid because it fails to obtain a certificate of real property that is foreign signed a contract for the sale is a violation of the law;for violation of local regulations in the contract period is not restricted;the demolition and resettlement of people were not consistent the demolition,or placed one or more people in the sales contracts signed external validity;4 ? Legal and effective contracts can bring about the legal consequences of changes in real right;5?The co ownership of the transfer of housing behavior knowledge does not agree,how to combine the characteristics of resettlement housing from the contract to transfer often up to about 3 years time,the proper use of the principle of presumption,presumption of CO ownership behavior on the transfer of property is informed and consent,in order to maintain the legal rights of the buyer;6?In the dispute over the sale contract,other circumstances affecting the transfer of property rights,including the seizure of the house,the setting up of the mortgage,or the purchase of the purchaser,are restricted to the purchase group.The author through the analysis of the case related disputes of resettlement housing,thefocus of controversy the summary of housing disputes,the legal concept of the sale of the housing contract dispute involved and the applicable rules for signing sales contracts and avoid trading risks and provide theoretical and practical basis. |
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