Research On The Validity Confirmation Of The Sale Contract Of Small Property House

Small-property houses are a unique type of real estate in our country based on a special land system.There are different judgments in practice on the validity of a small-property house sale contract,and academic circles also have different opinions.On the one hand,the effectiveness of the sale and purchase contract of small property rights houses has a dilemma in judicial judgment,and it hides many social dispute factors.On the other hand,it is closely related to the current land system.If it is not handled properly,it may intensify social conflicts and cause a wide range of groups.Therefore,it is particularly important to determine the validity of the contract for the sale of a small property house.In practice,the practice of invalidating the contract is not conducive to the settlement of disputes.The first chapter analyzes the cases in judicial practice comprehensively,summarizes the judgment basis and reasoning of different types of judgments,and finds out the rationality,loopholes and deficiencies,so as to provide a practical basis for the court to determine the validity of the contract.The second chapter analyzes and demonstrates the focus of academic disputes,finds out the theoretical issues that need to be explained the most in determining the effectiveness of the contract for the sale of small property rights,and provides theoretical support for the determination of the effectiveness of the contract.The third chapter analyzes the possible social impacts of the validity of the contract,comprehensively analyzes the pros and cons,and discusses the necessity and feasibility of establishing an effective contract mechanism.The fourth chapter first demonstrates what factors should be considered in determining the validity of the contract,and then classifies and recognizes small-property property houses.For those who buy and sell homestead houses in areas other than the pilot homestead system reform,the contract is generally deemed invalid and the construction is in collectives.The validity of the purchase and sale contract should not be recognized for small-property houses on the land that do not conform to the corresponding plan and the small-property houses constructed by occupying arable land;the sale and purchase contract is determined to be valid for small-property houses built on collective land and conforming to the corresponding plan,And the situation where the seller claims that the contract is invalid in order to pursue the benefits of house price increases.Confirming the validity of the contract in this way is not only conducive to protecting the farmland and the interests of farmers,but also conducive to maintaining the principle of good faith,and provides a basis for the court to reasonably determine the validity of the contract for the sale of small property houses.