宅基地使用权隐性流转下合同效力的探究

Exploring the Validity of the Contract for the Transfer of Homestead Use Rights

随着我国城乡一体化的发展,城市、农村人口间的流动频繁,越来越多的城市居民选择到农村购置房屋,由此引发的农村宅基地房屋转让合同纠纷普遍出现。由于行政法规明确禁止城市居民购买宅基地,而《合同法》规定违反行政法规强制性规定的合同无效,因此宅基地转让合同的纠纷伴随着对法律的解读。行政法规对于宅基地使用权向城市居民流转的规定是一种管理性强制规定,应当以合同无效为原则,以合同有效为例外,根据具体情形认定其效力。

With the development of social economy and urban-rural integration in our country,the flow between urban and rural populations has become more frequent.More and more urban residents have chosen to purchase housing in rural areas.As a result,disputes arising from the transfer of rural homestead housing contracts have generally emerged.Because administrative regulations clearly prohibit urban residents from purchasing homesteads,and The Contract Law stipulates that contracts violating the mandatory provisions of administrative regulations are invalid,disputes over homestead transfer contracts are often accompanied by interpretations of laws.Administrative regulations on the transfer of residential land use rights to urban residents is a mandatory administrative regulation,which should be based on the principle of invalidation of contracts and the use of contracts as an exception,and determine their effectiveness on the basis of specific circumstances.