无产权证房屋买卖合同的法律后果

The Legal Results of the Sale Contract of a House Without Property Certificate

对无产权证房屋买卖合同不应直接认定为无效,而应适用我国合同法关于合同有效的规定或者第51条关于无权处分的规定。合同因解除条件成就而归于消灭时,已付房价款的返还、装修房屋所形成价值的返还属于不当得利返还。于此场合,不得适用过失相抵规则,除非守约方对此类返还选择了违约损害赔偿的请求权基础。这些返还与违约方应承担的违约损害赔偿并行不悖。

The sale contract of a house without property certificate should not be taken as the void con- tract, rather, the proper provisions applicable to it should be those about effective contracts in the con- tract law or the article 51 about the transaction without rights. When the contract dies out for the real- ization of release conditions, the return of already - paid house price and the price of the decoration of house belongs to the return of unjust enrichment, to which the offset doctrine should not apply, unless the party abiding by the contract has chosen to require the damages for the breaching of contract. These returns exist together with the damages of the breaching of contract assumed by the breaching party.