Research On The Disputes Over Contract Of Uncompleted-rights Housing Sales

The absence of law in operation of China has led to a predicament in the judicial handling of the uncompleted-rights housing sales.Through the similar cases study on 286 adjudication documents over the contracts of uncompleted-rights housing sales,it is found that: first,there are inconsistent ways for the courts to deal with disputes over whether or not to accept the contract of uncompleted-rights housing sale;Second,there are contradictions between valid and invalid confirmation,insufficient basis for invalid confirmation,and conflicts that the valid basis does not conform to the policy,when the court determines the validity of the contract of uncompleted-rights housing sales,;Third,when the court deals with the legal consequences of the invalidity of the contract of uncompleted-rights housing sale,there are some problems,such as the contradiction between housing and house payment,the confusion of fault proportion determination and the unclear determination of invalid loss compensation.It is not very appropriate.According to this,after clarifying the concept and scope of the uncompleted-rights house.First of all,based on the consideration of the different demands of the parties and the influencing factors of the relationship between the buyer and the seller,we will unify the adjudication rules for the acceptance of disputes over the contracts of uncompleted-rights housing sales: only the non-confirmation claims of the parties will be dealt with,and the confirmation disputes will not be accepted or the confirmation claims will be rejected.Secondly,under the principle of "integration of real estate and land",to protect the interests of collectively-owned land,the contracts of uncompleted-rights housing sales which sold to the non-collective members should be judged to be invalid.At the same time,in order to maintain the principle of good faith and social stability,valid situations that meet the conditions should also be allowed to exist.Finally,under the principles of good faith and fairness and the logic of evidence,unifies the follow-up rules for the invalidation of the contracts of uncompleted-rights housing sales,clarify the rules for the return of house and house payment,the allocation of fault proportions and the determination of damages.