探析农村房屋买卖合同效力问题

On the effectiveness of the sale contract for rural housing

随着城镇化和市场经济的发展,农村房屋买卖愈来愈成为普遍现象。房屋买卖本来是极其普通的民事行为,城市房屋买卖只需要双方当事人自愿签订合同,然后到房屋所在地房屋管理机关及土地管理部门办理所有权转移登记和土地使用权变更登记手续。但是由于法律对于农村房屋买卖的程序和效力等相关规定比较模糊,使得农村房屋买卖成为司法实践的难题。在调查研究了大量农村房屋买卖的案例,笔者认为维护当事人合法权益和司法公平公正的关键就是解决农村房屋买卖合同效力问题。

With the development of urbanization and market economy, the sale of rural housing has become more common phenomenon. The sale of housing is extremely common civil behavior, city housing sales only parties signed the contract, then the housing to the location of housing management authority and the land management authority for the registration of transfer of ownership and right to use the land registration change. But because the law for the sale of rural housing program and the effect of the relevant provisions are vague, making the sale of rural housing is a difficult problem in judicial practice. In the investigation of a large number of rural housing sale case, the author thinks that maintain the legitimate rights and interests of the parties and the judicial fairness is the key to solve the rural housing sale contract validity.