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随着我国城市化进程的不断推进,农村集体资产进入市场流通成为趋势。从法律角度而言,农村集体资产属于村(组)集体经济组织全体成员集体所有,因而其流转必然受到实体和程序法律等诸多方面的限制,这也给这类合同的公证工作提出了新的要求。笔者所在公证处近来受理了一起农村集体房地产租赁合同的申请,就此引发关于我国农村集体资产租赁合同公证若干问题的思考。
With the continuous progress of urbanization in our country, the rural collective assets have become the trend of market circulation. From a legal point of view, rural collective assets belong to the collective collective ownership of village (group) collective economic organizations, and their circulation is bound to be subject to many restrictions such as substantive and procedural laws, which also brings forth new notations of notarization for such contracts Claim. Recently, the author’s notary office accepted an application for a rural collective real estate lease contract, which triggered some reflections on some issues concerning the notarization of the rural collective asset lease contract in China.