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Study on the Legal and the Countermeasure of Uncompleted-Right Houses

Author: HuangXiaoDan
Tutor: PengChengXin
School: Jilin University
Course: Civil and Commercial Law
Keywords: Small property room The contract is null and void Classification solution
CLC: D923.2;F293.3
Type: Master's thesis
Year: 2011
Downloads: 301
Quote: 1
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Abstract

Small property right in recent years was caused by the concerns of the community, but it is not only in recent years appear. Just in its early stage, a small number of smaller demand, did not arouse the attention of the community. But since 2003, with the rapid rise of urban housing, around the small property room began to attract attention. Construction of large areas of small property room in Beijing, Chengdu, Zhengzhou, Jinan, these small property room is mainly concentrated in the urban fringe, cheap supply booming situation. Tongzhou District of Beijing in 2007, the artist village case further especially aroused widespread concern in legal circles. House property issues critical concurring opinion are not unusual. Judicial practice, this problem can not make definitive judgments about the uncertainty caused by a judicial decision. Small property causes a lot of the most fundamental reason is the land of our dual system of urban land and rural land with different rights, urban state-owned land can direct the construction of the real estate listing circulation by the national housing authorities issued a real estate license. Rural collective land only after the state land acquisition, the nature of the land into state-owned real estate development before they can be used and listed flow into the nature of state-owned land does not allow free circulation. On this basis, the houses built on rural collective land can not be a free flow. Our current urban high housing prices and housing security system is imperfect is also a small property right reasons. Small property room, mainly in the big cities of the surrounding area or \Due to the rapid rise in urban real estate prices, more and more city residents can not afford housing, or become a \In contrast, small property right house property price disparity is great, able to meet the requirements of the majority of low-income housing. Coupled with the current urban housing security system is far from perfect, more enthusiasm inspired a large number of low-and middle-income class of small property purchase. The policy does not recognize the legal status of the small property, so buy small property room in the official view is against the law, the interests of the purchasers are not guaranteed and recognized. But solely from the provisions of the law of the relevant issues of view is not very clear, promulgated a series of regulations by the State Council and its relevant departments prohibit small property, which led to a small property room in a legal \to the judicial practice has brought a lot of confusion. From the point of view of the \But at the same time, out of consideration of social stability, it should be specific issues specific analysis of different types of small property room to take the approach of the classification process, in order to be a reasonable solution to the existing small property room.

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