Empirical Study On Contract Disputes Of Urban Resettlement House Sales Based On Judgment Documents

In recent years,under the background of the fierce real estate market transactions and the rapid rise in housing prices,low-cost resettlement houses in suburban areas have become the choice of many buyers.Due to the unique nature of resettlement houses,and the rapid growth of house values,sellers often regret the transactions of houses that have already been traded,and a large number of disputes over urban resettlement house sales contracts have arisen.In China,there is no regulation on the transaction of resettlement housing at the legislative level,but due to the influence of local policies in judicial practice,disputes over the settlement contract of resettlement housing often have different judgment results.The results of empirical research on1,346 samples of effective judgments related to the disputes over the sale and purchase contracts of urban resettlement houses on the Chinese ruling documents show that although the reasons for the decisions are varied,the judges tend to consider the resettlement house sale contracts valid.The main points of contention for such cases are: the nature of the land occupied by the house,the local government’s policy on restricting resettlement housing transactions,the lack of real estate registration certificates for the house,and whether the seller’s lack of sanctions will affect the validity of the contract.From the point of view of China’s legal provisions and the spirit of legislation combined with social practice,confirming the validity of the contract is the proper choice: resettlement housing and the right to purchase resettlement housing are the private property and rights acquired by the resettlement based on lawful expropriation.Since the law does not clearly stipulate It prohibits trading,and according to the "authorization without prohibition," it should be able to enter the market and trade freely.The nature of the land does not affect the validity of the contract.It should distinguish between restrictions on the sale and purchase contracts of resettlement houses on allocated land and restrictions on performance,and equally protect the transactions of resettlement houses on collective land.The basis for confirming the invalidity of the contract is the validity norms in laws and administrative regulations.The contract cannot be invalidated on the grounds that it violates the restrictions on resettlement housing transactions established by the local government;Article 38 of the "People’s Republic of China Urban Real Estate Management Law" is not valid Norcan the contract be confirmed as invalid based on the violation of the compulsory provisions of laws and regulations without receiving the house ownership certificate.At the same time,the situation at the time of signing the contract should be comprehensively examined to determine the validity of the contract,and the contract without the right to dispose is valid.In addition,the liability for damages after the contract comes into effect should include,for example,the loss of available benefits from the price difference of the house,and the parties ’standards of proof of available benefits should be appropriately reduced to balance the interests of both parties.After the contract is terminated,the parties’ liabilities should be discussed separately bear.