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城镇房屋建造实践中,往往有这样的情况,即一方以房屋宅基地使用权作为房产投资,与他人合伙建造房屋。由于双方所订立的协议过于简单,房屋建成后,双方为产权发生争议,诉诸法院。这种因以宅基地使用权为投资而产生的产权纠纷,一般具有下列特征:一是房屋宅基地是城镇国有土地,即宅基地所有权属国家所有;二是争议一方仅以宅基地使用权(有时含建筑许可证)作为房产投资份额,其他建房费用均由他方承担。我国《宪法》第10条规定:“土地的使用权可以依照法律的规定转让”。《土地管理法》第2条规定,“国家依法实行国有土地有偿使用制度。”该法同时
In the practice of urban housing construction, there are often situations in which one side takes the right to use housing sites as a real estate investment and partners with others to build houses. Due to the agreement between the two parties was too simple, after the completion of the houses, both parties dispute the property rights and resort to the courts. This kind of disputes arising from the right to use house sites for investment usually has the following characteristics: First, the house sites are the state-owned land in cities and towns, that is, the ownership of the homestead is owned by the state; secondly, (Sometimes including building permits) as the real estate investment share, other housing costs are borne by the other side. Article 10 of China's Constitution stipulates: “The land-use rights may be transferred in accordance with the provisions of the law.” Article 2 of the Land Administration Law stipulates that “the state shall implement the system of paid use of state-owned land according to law.” At the same time, the law