Analysis The Case Of Housing Contract Dispute Of The Collective Members Of Different Villages

There are different treatments in judicial decisions on the validity of the housing contracts of the members of the collective in different villages,comparing and analyzing the judgments and reasons of the invalidity and validity of the contracts,if the buying and selling of houses on the homestead among the members of the collective in different villages does not violate the compulsory provisions of the validity,the party’s autonomy of will should be fully respected,it affirms the effectiveness of the specific acts of the parties involved in the sale of such rural houses,and promotes the best use of the houses on collective land.In accordance with the provisions of the Constitution and the property rights and contracts of the Civil Code,the right to use rural homestead can be transferred in accordance with the law.Therefore,in judicial practice,the circulation of houses on rural homestead should be moderately liberalized,balancing the safeguard attribute and the property attribute of the House function;at the same time,the validity of the contract should be determined according to laws and administrative regulations,the contracts for the sale and purchase of houses on the homestead signed between the members of the collective in different villages have not violated the mandatory provisions and harmed the public interests of the society,and should not be dealt with directly as null and void;in addition,to solve the conflict between the identity of the owner of the right to use the house site and that of the buyer of the house,the circulation of the house in the countryside is no longer restricted by the right to use the house site,thus for the identification of different village collective members to buy and sell residential land on the effective housing contracts to provide a theoretical basis.The result of the unified judgment in the judicial trial is the embodiment of fairness and justice,and a unanimous conclusion should be drawn on the validity of the contract for the purchase and sale of houses on the homestead by the members of the collective in different villages,this paper determines the validity of this kind of contract through the construction of the registration system of housing land qualification right and the system of paid use of housing land,in order to help the courts of our country to judge the disputes of the validity of the housing contract on the housing land bought and sold by the members of different village collectives.