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随着城镇化和市场经济的发展,农村房屋买卖愈来愈成为普遍现象。房屋买卖本来是极其普通的民事行为,城市房屋买卖只需要双方当事人自愿签订合同,然后到房屋所在地房屋管理机关及土地管理部门办理所有权转移登记和土地使用权变更登记手续。但是由于法律对于农村房屋买卖的程序和效力等相关规定比较模糊,使得农村房屋买卖成为司法实践的难题。在调查研究了大量农村房屋买卖的案例,笔者认为维护当事人合法权益和司法公平公正的关键就是解决农村房屋买卖合同效力问题。
With the development of urbanization and market economy, the sale of rural housing is increasingly becoming a common phenomenon. The sale of housing has always been an extremely common civil act. The sale and purchase of urban housing only requires the parties to voluntarily sign the contract, and then go to the house management department of the place of residence and the land administration department to handle the registration of ownership transfer and the change of land use right registration. However, due to the law’s fuzzy rules on the procedure and effect of the sale and purchase of rural housing, the sale of rural housing has become a difficult problem in judicial practice. In the investigation and study of a large number of cases of rural housing sales, the author believes that the key to safeguarding the legitimate rights and interests of the parties and judicial fairness and justice is to solve the problem of the effectiveness of rural housing sales contract.