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Small property cases Applicable Law

Author: ZhangYan
Tutor: GaoLiuZhi
School: Zhengzhou University
Course: Legal
Keywords: the small property right houses collective land the separation of specific rights
CLC: D923.2
Type: Master's thesis
Year: 2009
Downloads: 203
Quote: 1
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Abstract


Accompanying the emergence of Liyulan case, the small property right houses becomes a hot topic and the relative legal problems draw more and more attention. The article consists of four parts on the basis of the study on the legal application for the cases of the small property right houses.The article begins with the definition of the small property right houses and the causes of its emergence. The small property right houses refer to the houses which are built on the collective land in China. They exist in two formats—one is developed by the farmers themselves on their own house sites and the other is built by the town governments or by the village committees or by the union between the forms and the house developers. The certificates of title for the small property houses are commonly issued by the town governments or by the village committees. The houses are commonly sold to the civil individuals who don’t obtain the membership of the collective economic organization. The development of the small property right houses is caused by many factors, including the dualistic structure of land, the absence supervision of the government, the high prices of the legal houses,etc.In the second part, the author concludes that the small property right houses aren’t protected by laws through analyzing the existing laws, regulations and governmental regulations. The reasons mainly lie in the owners of the collective land don’t have the legal right of disposing the collective land and the freedom usage of the land for building is strictly prohibited. Although the using right of the collective land for building has been partly tried in some areas of China, this attempt has not been systematized. Therefore, there is a serial practical urgent problems to be solved properly which are mainly concerned on four practical problems—Due to the invalidity of the contract for purchasing the houses,the buyer could not have the ownership of the house; the disposal of the house is strictly prohibitted;the value assessment standards of the house have not been established; the house-buyer could not obtain the compensation in the renovation.In the third part, the author briefly analyses the property law of the continental legal family and the common law family, then the author gives a practical suggestion on how to solve the problems of the case according to the existing Property Law in China. Combining with the Property Law’s relative provisions, the author illustrates the specific rights of the ownership of the small property houses including the rights of occupation, usage, profits harvesting and restricted disposition.The author harbors the view that if we separate the specific rights from the ownership as the theoretical basis, the solution may be practical. On the premises of satisfying the protection of the agriculture land, conforming to the city and town planning, making full use of the small property right houses, and separate the specific rights of occupation, usage, and profits harvesting from the ownership, and guarantee the buyers the specific rights and then we may find a solution to the small. property right houses cases.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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