农村私有房屋买卖合同效力的认定与思考

Identification and Thinking on Validity of the Contract on Sales of Rural Private House

农村私有房屋买卖合同效力认定在司法实践中争议较大的主要原因在于房屋之下的宅基地的特殊性。从合同法领域考虑,房屋买卖合同的效力与宅基地的特殊性并无必然联系。考察现阶段认定此类房屋买卖合同无效的依据,均不符合合同法立法精神和《合同法解释(一)》和《合同法司法解释(二)》的规定。在现行制度框架下,以一户一宅为前提,以法定租赁权为核心,构建农村私有房屋买卖问题的解决之道实有必要。

There are disputes in sales contract on rural private house about the identification of its validity in ju- ridical practice. And the main reason is the specific characteristic of the rural housing land. In consideration of the contact law field, there is no essential relationship between the validity of the contract and the particularity of the rural housing land. Those are all discordance with the legislative spirit of the contract law, neither are in accordance with the roles of the judicial interpretation of the contract law and judicial interpretation of the contract law II. In current institutional framework, it is necessary to establish a settlement system to solve the problems which generated by the sales of rural private house. In the system, each house should have its own land is the precondition, and then the statutory leasehold is the core.