Determination Of Invalid Rural Housing Sales Contract And Legal Consequences

With the deepening of rural reform and the accelerating process of urbanization,rural housing contract disputes have gradually increased.According to the different nature of the main body of the rural housing sales contract,the author divides the rural housing sales transactions into two categories.The first category is to sell the houses to the members of the village collective economic organizations and the second is to sell the houses to members outside the collective economic organization,including farmers and urban residents from other villages.Disputes mainly occurred when rural houses were sold to non-members of the village collective.After consulting and sorting out a large number of judgments on the validity and invalidity of contracts for non-collective members to purchase rural houses,it is found that the current legal basis for the court to invalidate such contracts is not targeted,and there is a conflict between the application of law and the autonomous principle and the principle of good faith.The scope of compensation for losses after such contracts are deemed invalid is not clear,and the court's determination of the fault ratio of both parties and the wide distribution of liability for compensation for losses lack relevant legal basis.Therefore,the relevant legal provisions on the invalidation and disposal of rural housing sales contracts need to be concretized.The first chapter of this paper introduces the facts of typical rural housing sales contract dispute cases,using the way of assuming conditions combined with the facts of the case to lead to the main problems in the current trial.In chapter two,the representative regions are selected to analyze the adjudication data of rural housing sales contract disputes after listing them.It is found that courts in developed regions will adjudicate the proportion of fault and the liability for compensation for losses together after confirming the invalidation of the contract,which is worth learning for other regions.In addition,the author divides the judgment result of the court that the contract is invalid into two cases: the one that the court decides the contract is invalid and orders the return of the property,and the one that only decides the contract is invalid.Chapter three and chapter four respectively list the deficiencies and put forward Suggestions on how to solve the invalidity of rural housing sales contracts.The author holds that the provisions in article 2,article 9 and article 44 of the land administration law of the People's Republic of China do not clearly stipulate whether the right to use house sites occupied by farmers selling houses is permitted or invalid.It cannot be used as a direct basis for determining the invalidity of a contract.Therefore,it is suggested to insist on the principle of "real right differentiation" for adjudication,appropriately limit the conditions for determining the invalidity of rural housing sales contracts,appropriately expand the scope of compensation and increase the compensation ratio of one party who has broken the promise.With regard to the handling of contract invalidity,the author suggests that the scope of compensation for loss should be defined first,and then the liability for compensation for loss should be divided on this basis.Article 42 of the contract law of the People's Republic of China should be applied to distinguish the nature of liability,and article 58 should be used to determine the liability sharing.In view of the relatively special serial rural housing sales cases,the author believes that the previous primary sales contract is invalid,which does not affect the effectiveness of the subsequent primary sales contract.And after the buyer of contract of primary sale whether can acquire building droit,should according to the bona fide acquisition.