The Inconsistency between the Housing Law draft and the Civil Code 2015 and recommendations

Abstract

Currently, the Law on Housing 2014 is being revised to ensure the effectiveness in adjusting the respective social relations and to ensure the consistency with relevant provisions of the Civil Code 2015 and other laws. Within the scope of this article, the author would like to present the inconsistent and inappropriate points of the Housing Law draft with the provisions of the 2015 Civil Code regarding such contents as: time of transfer of rights in house purchase contract, concept of house formed in the future, recognize specificity of contract for sale and purchase of house formed in the future. On that basis, the author proposes recommendations and solutions to improve the law in specific directions, such as: determining the time of ownership transfer in a house purchase contract is the time of completing the registration. The concept of housing formed in the future needs to be redetermined in accordance with the approach of the Civil Code 2015 (the subject of civil transactions). Also, there should be specific provisions in the Housing Law on contracts concerning house formed in the future is a model contract.