Solution of the Problems in Small Property Right house based on the Sublation of “Conclusive Sales” in the System of Pawn 

Lina JIN1 , Xiandong LI2 

Ph.D. Candidate of Civil, Commercial and Economic Law School, China University of Political Science and Law, Beijing, CHINA 

Professor, Doctoral Supervisor of Civil, Commercial and Economic Law School, China University of Political Science and Law, Beijing, CHINA 

Abstract: In China’s current land system, rural construction land transfer is strictly limited, but the problems of small property house are still exist despite long-term ban. Based on the “pawn” in China’s traditional civil law, this paper sublate “Conclusive Sales” in the system of Dian under the condition that China’s ownership basis won’t be shaken. The problems of small property right house are expected to be solved through measures such like lengthening period and “selling to others” with the qualities of acquisition and storage. 

Keywords: Pawning right; Conclusive Sales; Fluidity Contract; Small Property House