Study Of Difficult Issues Regarding The Disputes Over The Performance Of Stock Housing Sale Contracts In China

Currently,with the development of the economy in China,the stock housing market is expanding.Consequently,there are a lot of disputes over the stock housing sale contracts in legal practice.This article which focuses on the legal issues of stock housing transaction disputes tries to provide theoretical reference for dispute resolution in legal practice and legislation on stock housing transaction.For the purpose of this article,it analyzes and researches three normal problems basing on data analysis and literature analysis.Firstly,basing on the case data of stock housing transaction disputes in recent years and existing laws on stock housing transaction,this article analyses the shortages of the existing legal system.Secondly,this article studies relevant legal provisions,policies and cases to discuss three problems in order to summarize the solution to each problem and conclude guidance for legislation in China.As for stock housing transaction disputes arising out of house purchase restriction,this article advises that house purchase restriction should be regarded as an item that cannot due to any party after analyzing several exemption theories.As for disputes of multiple stock housing sale contracts,this article demonstrates the validity of a stock housing sale contract in different situations and accordingly several ways about determining the validity of these multiple contracts are listed.As for defective performance of stock housing sale contracts,this article discusses about dissolution of contract attributed to different types of defective performance and suggests that contractual rescind in stock housing transaction should be restricted by legislation.Lastly,this article summarizes such solutions above and ultimately proposes the legislative direction of stock housing transaction disputes.