论文部分内容阅读
房地产转让合同被宣告无效后,受让方往往只能得到所付价款返还及利息损失赔偿。近年来房地产价格剧涨,从而引发主张合同无效的恶意诉讼与恶意抗辩激增。由于立法对合同效力的认定过于原则,合同效力的判断因法院而异。目前可行的补救方法可以考虑引入信赖利益保护制度。通过对信赖利益概念、保护条件和范围的阐述,论证了该制度在合同成立但无效时,可以最大程度地保护无过错方的权益,使恶意抗辩人丧失恶意抗辩合同无效的经济驱动力。
After the real estate transfer contract is declared invalid, the transferee often can only get the refund of the price paid and interest damages. In recent years, real estate prices skyrocketed, triggering a surge in malicious litigation and malicious plea that claimed the contract was invalid. Judgment on the validity of the contract varies from court to court because the recognition of the validity of the contract by the legislation is too principled. Currently available remedies may consider the introduction of a system of trust protection. Through expatiating on the concept, conditions and scope of the trust, the paper proves that the system can maximize the protection of the rights and interests of the innocent parties and invalidate the economic incentive that the malicious defendants lose the malicious countervailing contract when the contract is established but invalid.