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The Analysis of Legitimacy of House with Limited Property Rights

Author: ZhangXingZuo
Tutor: WuShuangQuan
School: Lanzhou University
Course: Legal
Keywords: Small property Legality Land system
CLC: D922.181
Type: Master's thesis
Year: 2010
Downloads: 394
Quote: 4
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Abstract


In this paper, Song Town, Tongzhou District, Yulan occurred farm house with Ma Haitao contract dispute case . Through the analysis of the court to clarify the author 's view that the existing legal framework, the contract can also be recognized as valid. In -depth analysis of this case on the basis of further discussion of the \The central government for the current small property taken strictly prohibited attitude , the author of our Constitution and other relevant provisions of the land system were studied, based on civil law principles of fairness and honesty , as well as rules for the interpretation of the contract : the contract can be both judge interpreted as valid , they may be interpreted as invalid in the case , according to the purpose of the contract should be interpreted as a valid contract , infer that the existing legal framework similar to the case of the \This in turn causes the present case and institutional causes of disputes were discussed. Result in a \monopoly . On the \Creative solutions to the \Finally, propose ideas for improving related systems . China's current system of land and real estate development systems have varying degrees of lagging behind the pace of economic and social development , and improve these systems , is the current depth reform and market economy healthy and orderly development of problems to be solved , but also better play the role of legal advice needs.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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