论农村房屋买卖合同的效力

The Validity of Contracts for the Sale of Rural Housing

分析了农村房屋买卖合同中的混乱情况,如有效和无效的规则并存,并由此导致效力认识上的分歧,这也给司法实践带来混乱。指出应从合同自由和鼓励交易的精神出发,以法律规定为依据来检讨农村房屋买卖合同的要件,倾向于认定合同具有法律效力。

The chaos of contracts for the sale of rural housing was analyzed, such as coexisting valid and invalid rules, which lead to the effect of cognitive differences. Furthermore, they also lead to chaos in judicial practices in China. So we should take the freedom of contract and the spirit of encourage trade into account, review the factors of the contract of rural housing for sale by the law, and tend to conclude that these contracts have legal validity.