论文部分内容阅读
小产权房并非严格意义上的法律概念,它指的是建造于集体土地上并出让给城市居民的房屋。不同于建造于国有土地上、拥有完全产权的商品房,它无法取得合法的所有权证,因此被称为小产权房。小产权房的困境指的是,一方面,小产权房的建造或流通受到国家法律法规的禁止或严格限制,另一方面,小产权房事实上越来越多,买卖越来越活跃。司法实践中因小产权房而滋生的诉讼日益增多,小产权房买卖是否应当一律宣判无效?购房者的利益亦一概予以无视?这些问题越来越困扰着中国当下的法官们。
Small property room is not strictly legal concept, it refers to the construction of collective land and assigned to urban residents housing. Unlike commercial buildings built on State-owned land that have full property rights, they can not obtain legal ownership certificates and are therefore known as small property houses. The dilemma of small property housing means that on the one hand, the construction or circulation of small property housing is prohibited or severely restricted by national laws and regulations. On the other hand, small property housing is in fact more and more and trading is increasingly active. Judicial practices in which small property houses breed more and more litigation, whether the sale of small property houses should all be null and void? The interests of home buyers are also always ignored? These problems are increasingly plaguing the present judges in China.