The Preliminary Study On The Validity Of Transfer Contract Of Affordable Housing

Basic necessities of life include food,clothing,shelter and transportation.We are a people who have settled down in the land and have a deep affection for the land.Our culture,society,ideology and other aspects are deeply affected by this affection.One of the hallmarks of national stability is to live and work in peace and contentment.People lack a sense of belonging.Such unrest will spread and gradually ferment into the panic of the whole society.To live in peace and contentment is the foundation of a country's long-term stability and prosperity.In recent decades,due to the "real estate speculation" and other economic policies,many reasons for the high housing prices,many low-and middle-income families can not do "home ownership.As the "rigid demand" in Chinese traditional cognition,"it is difficult to buy a house"has become a social status quo.Many families are affordable,parents from the child will be landing on the savings for children to buy a house;Children whose families are mediocre and whose parents can't financially support them are struggling for housing funds from the moment they enter the society.In order to alleviate such "social difficulties",further improve people's living conditions,and promote the healthy development of the real estate market,the state has introduced the "affordable housing policy",one of which is the "affordable housing policy"involved in this paper.Affordable housing refers to land provided by the government in the form of administrative allocation,tax exemption and reduction,and sale to urban low-income housing families with certain payment ability at the government-guided price.Although the person that economy applies the room that buy a house can have limited property right only,but the price that buy a house is far below market price,and economy applies the room not to prohibit completely current,those who satisfy a condition still can appear on the market trade.Forexample,in the three main urban areas of Chengguan District,Qilihe District and Anning District of Lanzhou City,the average price per square meter of the newly opened affordable housing in this three districts at the end of 2018 is about 4,000 yuan,and the newly opened commercial housing in this three districts is 11,000 per square meter.Around the yuan,therefore,between the lower bid price and the higher market price,there is a lot of speculative space and speculation.Many of the disputes related to the transfer of affordable housing,including the case of this article,come from this.The dispute case of "Mr.Yuan sued Mr.Lu for the validity of the affordable housing transfer contract" selected in this paper took place in Wuxi,Jiangsu,China.The main dispute point of the case is whether the contract validity will be affected if the contract content violates the relevant policies and norms of affordable housing.The court of first instance of the case held that the contract was invalid because the case involved the damage to the public interest,but the court of second instance denied this judgment and held that the contract was valid.Therefore,the answer to a series of questions such as whether the affordable housing can be traded,what is the basis for the parties to dispose of the affordable housing,how to define the social public interest,and whether the social security interest contained in the relevant policy norms of the affordable housing can reach the social public interest is the key to analyze this case.This paper takes the case of dispute over the transfer of the affordable housing contract between Mr.Yuan and Mr.Lu as an example and discusses it in four parts.The first part introduces the dispute case of "Mr.Yuan sued Mr.Lu for the validity of the affordable housing transfer contract",and summarizes the dispute focus of this case through the interpretation of the facts of the case and the judgment of the court of second instance.The second part briefly summarizes the legal theories related to the determination of contract validity,and focuses on the concepts of "mandatory provisions" and "social public interests" involved in this case,which serve as the theoretical basis for the following applicable laws and conclusions of this paper.The third part discusses the legal method of "the dispute case of a real estate transfer contract between Mr.Yuan and Mr.Lu",and evaluates the verdict of the court of second instance.This paper discusses how to judge the uncertain concept and how to supplement the fuzzy concept in order to better realize the combination of legal theory and common sense.In the fourth part,through the analysis of the dispute focus of the case of the dispute over the transfer of affordable housing contract between Mr.Yuan and Mr.Lu,the author comes to the conclusion of the judgment of the case and puts forward some legal suggestions related to the case.