The Zhengzhou intermediate people's Court issued the "opinions" on the trial of civil cases of housing disputes of applicable law, handle small property housing sale disputes

Due to various reasons, caused by the sale of small property room increasing disputes. The small property right housing sales contracts are effective? Yesterday morning, a number of opinions on the trial of a civil case law applicable housing disputes of Zhengzhou City Intermediate People's Court issued the "" (referred to as the "opinions") to make the relevant provisions. □ Oriental today news reporter Shen Chunmei Feng Haiming correspondent

[] small property "tired" to "outsiders" invalid contract

According to a court in Jinshui District Court judge Li Chunqiang introduces, since 2008, only Jinshui District Court for the various cases there are 955 cases, involving small property disputes are mainly: the transfer of housing disputes, prepaid 1629 transfer dispute, dispute, the purchase of housing mortgage name change, divorce disputes housing division dispute, relocation compensation disputes, Tengfang disputes, inheritance disputes. "Time, the contract from the transaction situation, the housing of small property right transaction occurred in the prosecution of former years, some even more than 10 years. From the performance of the contract situation, most of the specific performance of contractual obligations, the seller housing delivery, the buyer pays the limit and has admitted, but not for housing registration or alteration of land use right registration." Analysis of the Central Plains District Court judge Li Jichang.

"Opinions" provisions of article twelfth, rural residents to sell the small property right room to the outside of the collective economic organization of units or individuals, the parties concerned sale contract invalid, the people's court may support.

Case: because the work in Zhengzhou, Wang needs to buy a house in Zhengzhou. In 1995 October, Chen mother and the common village house sold to wang. Since 1997, Wang has been in this room to live. Because in 2006 the old village relocation, in front of the huge compensation benefits, Chen denies the real fact, receive a housing units compensation, Wang Mou to sue to the court, asked to confirm the transaction both sides before the effective.

According to a local court judge court Chen Yahong introduced, in this case the trial, local villagers think, Chen had sold the house to Wang in 10 years ago, it is difficult to accept the house again to Chen all claims. But according to the existing laws and policies, the court can reject the claims of wang. At present, the case is the second instance.

[real] before the "change" marriage payments to permit the value-added component sharing

"Opinions" provisions of article sixteenth, as a result of divorce before marriage to buy a house and paid 1629, the marriage of the house property card, although one spouse participated in the liquidation of 1629, nature does not change the housing for personal property. But at the time of divorce should consider housing value-added benefits, the reasonable compensation for spouse. Case: in and Huang Qi before the wedding, Dong Hao with individual name to buy a set of housing, to pay 20% of the first payment, mortgage procedures to the bank. After marriage, Dong Hao and Huang Qi to repay the loan, after two because of personality clashes have dispute, Dong Hao sued to the court for a divorce and division of the house.

"According to the" marriage law "provisions, the couple did not agreed circumstances, Party premarital property of one of the spouses of personal property, not because of the marriage relationship continued survival and into the joint property of husband and wife." The Zhengzhou City Intermediate People's court two people court judge Zhao Junsheng interpretation, if Dong Hao before marriage made real estate certificate, obtained the ownership of the house, married Dong Haoyong the joint property of husband and wife to repay the loan behavior, not the nature of the building changes, the first payment and loan for Dong Hao premarital personal property, but Dong Hao should be half after common owing on the loan return.

At the same time, such as the marriage owing on the loan for a long time, Dong Hao also should give Huang Qi a certain economic compensation.

Explanation: some small property housing sales contract is valid

'"the sale of small property room' between the collective economic organization members, can generally be identified its business effectively, because the civil behavior not in violation of laws, regulations and provisions; to the collective economic organizations and personnel sell 'the small property right room', should normally be identified its sale invalid." Like Li Chunqiang, the Zhengzhou City Intermediate People's court two people court judge Li Chuanwei, Sun Yan and several other judges are of the view that, in the small property right housing sales contracts, the following should be the exception: one is the purchase had moved to the collective economic organizations in the buy a house after, should be recognized as valid contract; two is the seller has become urban residents again, advocated the sale contract invalid, should not support; three is the seller has multiple properties or the rural housing for the multi-storey building retention have housing, to advocate the contract invalid, should not support.

[borrow real "turn"] by name to buy a house can do the transfer of property rights

"Opinions" provisions of article eighth, the parties agree that one party in the name of others to buy houses, and housing will be registered in the name of others, borrow celebrity actually enjoy housing rights, according to the contract requirements by celebrity registered person (celebrity) for registration of transfer of ownership of the building, to support. But the housing by legal reasons can not handle the transfer of registration as well as the existence except avoid purchasing policy conditions. Case: 5 years ago, the Wang uncle units of a set of housing, the housing by Wang paid for the house, and the king residential, but the real evidence has been Wang uncle's name. For security reasons, Wang want to handle the housing transfer procedures.

District Court judge Zhang Xianling thinks, such as the original name with uncle wang buy a house when the two sides have agreement, or Wang uncle acknowledge Wang paid 1629, for Wang appeal court can support.

In positions of leadership and Chen in a company, in Zhengzhou have two sets of housing, want to buy a set of housing in the city center. In order to avoid the "purchase order", Chen would like to use the name of the purchase of a staff unit. According to the new "opinions" provisions, Chen investment buy houses can not handle the housing transfer procedures.

Reporter Li Xianghua / text chart

"In recent years, the city's court property dispute case quantity shows ascendant trend, especially in current prices rising situation, caused by the sale of real estate, small property, from the housing, the housing reform of the housing problems and disputes, property disputes into court to be more and more. Among them, one of the housing two sell more prominent, small property right problem is more complex, real estate deal with marriage and family is trickier." Zhengzhou city intermediate court two people court judge Zhao Hongyin said.

The most representative of the Jinshui District of Zhengzhou city as an example, the district court since 2008 for all kinds of cases involving housing a total of 995.

Zhao Hongyin said: "the face of the status quo, because of the complexity of the lag of laws and social relations, the courts are not fully consistent. In order to solve the above problem, the scale, improve the quality of the unified court hearing such cases, our Institute issued "several opinions about the trial of civil cases of housing disputes of applicable law"."

Yesterday morning, Zhengzhou court system of civil trial and related departments held seminars, and invited legal experts, well-known lawyer and related administrative units of the leadership, to the views of the draft is discussed, and the three focus problems are discussed.

The focus:

The sale of real estate disputes in judicial practice of law application problems and suggestions

"A room two sell" should be treated

A court in Zhengzhou high tech District Court of people: in the non metastatic cases, have the commercial housing for transfer registration of property owned housing ownership; two buyers who did not handle the real estate transfer registration, and the housing has not yet delivered, housing ownership has to register the purchase of commercial housing notice to all people; two copies of the contract were not go through the formalities of registration, then to transfer the possession of housing property owned housing ownership; two copies of the contract were not to transfer the registration and registration procedures, and housing has not yet delivered, then the pre payment of housing price buyers should have the ownership of the house...... If several conditions listed above are not occurred, then signed prior to the buyer owned housing ownership.

Administrative litigation and civil litigation can be parallel

Zhengzhou City Intermediate Court Sun Xiaofei: Civil and administrative interwoven conflict is an old problem in judicial practice, especially in the housing ownership registration in case of disputes is particularly prominent, such cases involves both civil housing ownership disputes between the parties involved, and housing management authority housing ownership registration administrative dispute, the parties may the prosecution of civil litigation, may also request the administrative trial. In order to solve civil, administrative dispute interweave coexist, in fact became a judge of civil disputes and administrative disputes which one is the premise of the question, who is the precondition of who. In the case when the housing housing registration, the registration of cases of civil disputes and administrative disputes established coupling relations, the right to housing ownership is clear, there is no connection between civil disputes and the defective registration dispute, and its essence is a simple civil disputes, if both civil and administrative two action, the two can run parallel. At this time, even if the administrative litigation law for registration cancellation of registration, also does not negate the effectiveness of civil legal relationship based.

Focus two:

The existence of legal attribute and the trial practice of the housing of small property right problem in

Effect of small property right transfer contract

Zhengzhou Jinshui court Li Chunqiang: we think, the sale of small property room between the collective economic organization members, can generally be identified its business effectively, because the civil behavior does not violate laws, regulations and provisions; to the collective economic organizations and personnel to sell small property room, the seller should normally be identified invalid. But one of the following, depending on the specific circumstances identified process: one is to buy in buy a house has moved to the collective economic organizations; two is the seller has become urban residents; three is the seller has multiple properties or the rural residential multi-storey buildings, retention have housing; four is a small property caused by the household division, divorce, inheritance, transfer and other disputes; five is the small property right room on the formation of historical reasons, to distinguish different situation, properly handle.

To establish the rural construction land use rights transfer system

Zhengzhou city intermediate court two people court Li Chuanwei, Sun Yan: Although the contract for the sale of the housing of small property right most is found to be invalid, not protected by the law, the national policy also repeatedly banned, but the construction, small property housing transactions still repeated. The author thinks, strong blocking as guidance, to fundamentally solve the problem of room of small property right, must establish the rural construction land use rights transfer system, treat all state-owned land and collective land of equality, in the form of law to give farmers transferring of rural collective construction land use rights rights, promote the land supply diversification. If the land use overall planning of the state, shall be allowed farmers to the land transfer to others. And the establishment of management of circulation of the right to use rural construction corresponding land in the government departments, supervision and management of the whole process of circulation.

The small property right room by the scope and principle of trial

Zhengzhou Zhongyuan District Court in Li Jichang, Chen Hong: on the small property right dispute types, according to the transfer stage can be divided into three types: transfer before the housing disputes; disputes in transfer, which is the derivative contract dispute; dispute circulation after. Which is more typical second transfer disputes, judicial practice is also this kind of dispute. Generally, the small property right housing sale disputes, the people's court may accept. At present, small property disputes are mainly the following: Housing sales contracts and disputes, the land use right transfer contract disputes, land leasing contract disputes, housing quality disputes, the construction contract disputes, construction disputes, prepaid 1629 transfer mortgage disputes, property disputes, to change the name of divorce housing division, relocation compensation disputes, disputes inheritance disputes. In the trial practice, generally according to the following principles: first, to fully take into account the interests of both parties of contract, especially the sale of deliberately not to perform the contract, resulting in the contract of small property transactions Housing is discharged or sale contract is affirmed by the people's court for invalid pursuant to the law, such as the buyer requests for compensation value-added part of the housing or a reasonable investment, should be supported, but should be based on the size of the fault of the parties, the liability for compensation to sell people appropriately reduced; secondly, the buyer has rehabilitation, expansion of housing situation, to compensate the appended value judgment; finally, return, leases housing should pay attention to the proper placement of the housing buy by the people, for the set aside a reasonable return time, avoid the negative impact of simple decision leases housing bring the party concerned.

Focus three:

Marriage and family involved in real estate disputes in judicial practice law application problems and suggestions

Three kinds of judicial practice individual disposition

Zhengzhou City District Court Ma Xinping, Liang man: husband and wife or family members individually if there are acts of housing often controversial, especially in recent years, with the rising prices, a second-hand housing transactions on the market for such dispute is more constant. Three common types of disputes and handling opinions in judicial practice: housing for couples or family property, and housing ownership certificate as husband and wife clear registration rights two individual or family members, one of the spouses or family members and third people signed housing contracts of sale, the other party shall not ratified, the invalid contract; the housing for couples or family property, the registration of housing ownership certificates on the right person is only one party, if the obligee and the third party signed housing contracts of sale, the third party and has paid the price, not to change the registration of property rights, the other party shall not ratify the invalid contract, real estate certificate; registration of the couple or family member of a party without the consent of the other party, housing sales contracts signed with the others, the total housing sold, were also carried out to change the registration of property rights, if the other party do not endorse, the housing sales contracts invalid. But the two parties of the contract is for the housing transfer procedures, the buyer of the house ownership. Housing registration shall indemnify the unauthorized disposition of the housing for couples or family members of the other party caused the loss of.

Buy a house before marriage of the property right, the procedure of divorce

Xinzheng City People's court Wang Liucheng: "marriage law" provisions only stipulates the party premarital property as a party to the husband and wife property, and shall not enjoy the right of a party before marriage property is a party to the husband and wife property, if a party before marriage paid all 1629, though he had no legal meaning of the right to the house, but this does not prevent him from actually made the property before marriage, we shall purchase housing as a party to the husband and wife property. In addition, the concept of property rights and property rights system understanding and application in theory and judicial practice circles have a lot of controversy, the property system of our country is not very perfect, we cannot be too mechanical understanding of the concept of real right, must from the solution actual problem and the concept of fair to read the real right system. Actually before buy houses as premarital property is fair, but also convenient for the public to accept.

"Several opinions" on the trial of civil cases of housing disputes legal issues for the application of the draft abstract:

Sixth the provisions related policies, regulations and restrictions listed transactions within the time limit the sale of affordable housing has been purchased, the parties concerned sale contract invalid, can support. The seller claims the housing sales contracts invalid, applicable "contract law" provisions of article fifty-eighth, taking into account the resettlement problems properly, the buyer the losses should consider housing appreciation, house decoration to add additional value and the degree of fault factors, fair and reasonable, to be determined.

The seller has purchased management according to the transfer of affordable housing housing contracts of sale, the parties concerned, shall not support.

Seventh the seller on the same house signed copies of contracts of sale, the contract is effective, the buyer requested to continue to perform, in principle according to the following sequence determination shall continue to perform the contract:

(a) has registered the transfer of housing ownership, but another buyer has to fulfill the contract payment obligations and legal antecedent except possession of the premises for longer periods of time;

(two) are not for the registration of the transfer of housing ownership, have actual possession of housing;

(three) did not handle the housing ownership registration, without lawful possession of housing, should be integrated into the contract has, each bought factors, the payment amount how many, fair and reasonable, to be determined.

Article eighth the parties agree that one party in the name of others to buy houses, and housing will be registered in the name of others, borrow celebrity actually enjoy housing rights, according to the contract requirements by celebrity registered person (celebrity) for registration of transfer of ownership of the building, to support. But the housing by legal reasons can not handle the transfer of registration as well as the existence except avoid purchasing policy conditions.

Ninth commercial housing and other real estate transfer contract, the seller after the conclusion of the contract of the housing and sold to third people or mortgages to third people, to the buyer the contract purpose can not be achieved, the buyer may request cancelling the contract, the return of the money, compensate for the losses, and may request the seller people take no more than the liability for compensation paid twice.

Article tenth the parties to a people's court, in addition to handle the registration of property rights according to laws and policies can not be commercial housing housing request for property certificate, the people's court shall not accept the.

(the parties to a people's court, the request to the small property right housing property certificate, the people's court shall not accept the case.)

Article fifteenth before the purchase of housing, living together after marriage, the woman at the time of divorce have no source of income and of no fixed abode, the woman can enjoy the right to live in the house within two years after the divorce. But the man give corresponding economic help except.

Sixteenth as a result of divorce before marriage to buy houses and pay some money, marriage made real evidence, although one spouse participated in the liquidation of 1629, the housing does not change the personal property. But at the time of divorce should consider housing value-added benefits by reasonable compensation for spouse.

In July 5th, the Zhengzhou City Intermediate People's court held two days of "real estate disputes in judicial practice seminar" published the "opinions on the trial of civil cases of housing disputes of applicable law" (draft).

In prices rising background, the draft will once again focus problem relates to the line of sight, the small property right house property disputes, marital property division of public concern. Henan Commercial Daily for your detailed explanation of these "sexual intercourse".

Key word

Housing property sale

By name to the purchase money, who is who the real

Case

Xingyang citizen Mr Sun's raising housing units, his nephew and he consultations, money to buy the house and living, and the house property certificate is the name of Mr. sun.

Mr. Sun's nephew that he buy the house, the house transfer to their own name, but Mr. Sun refused. The two sides therefore noisy stiff.

Regulations

Draft article eighth: the parties agree that one party in the name of others to buy houses, and housing will be registered in the name of others, borrow celebrity actually enjoy housing rights, according to the contract requirements by celebrity registered person (celebrity) for registration of transfer of ownership of the building, to support. But the housing by legal reasons can not handle the transfer of registration as well as the existence except avoid purchasing policy conditions.

Interpretation

Zhengzhou City Intermediate People's court two court presiding judge Zhao Junsheng said, by name to buy a house can apply for housing management authority transfer, but it must be for some legitimate reason. If evade the restrictions, the national housing reform policy, because it will infringe no specific interests of the majority, can not transfer.

Many units to solve the housing problem in internal staff, built from the housing and the housing welfare, these houses can borrow the name to buy?

Zhao Junsheng said, these houses in the general and the staff's special identity linked to, not as long as the affordable housing, the housing reform of the housing, do not violate the state fundamental policy does not involve the national housing reform policy,, is for the transfer of property rights.

Key word

One of the housing selling more

One of the housing selling more, who is out of money to whom?

Case

Zhengzhou resident Mr. Zhao spent 470000 on last year bought a set of second-hand housing, real estate transfer procedures not good, live in. Who knows not live two days, someone knocked on the door, saying is to buy this suite ". Mr. Zhao to find the original owner, the original owner said, who is out of money and to whom.

Regulations

Draft article seventh: the seller the same housing sales contracts were signed copies, contracts were effective, the buyer requested to continue to perform, in principle according to the following sequence determination shall continue to perform the contract:

(a) has registered the transfer of housing ownership; but another buyer has to fulfill the contract payment obligations and legal antecedent except possession of the premises for longer periods of time; (two) are not for the registration of the transfer of housing ownership, have actual possession of housing; (three) did not handle the housing ownership registration, but also not legitimate occupied housing, should be integrated into the contract, each bought by successively payment amount how many, fair and reasonable to determine.

In addition, stipulates that the ninth, commercial housing and other real estate transfer contract, the seller after the conclusion of the contract of the housing and sold to third people or mortgages to third people, to the buyer the contract purpose can not be achieved, the buyer may request cancelling the contract, the return of the money, compensate for the losses, and may request the seller does not exceed the liability for compensation paid twice.

Interpretation

Zhengzhou City Intermediate People's court two court vice president Li Chuanwei said, the high prices so that one of the housing selling more disputes frequently. In reality, there is the first contract, first pay, first entered, and the first banfangchanzheng. Only a house, finally can continue to only the first order people to perform a contract. Because the law does not expressly provided, the draft hope can make up for the loopholes, refine and determine the order.

But in the end how determined, must consider many factors, to protect the goodwill and trustworthiness of the buyer, the seller to punish malicious.

In his impression, Zhengzhou had a room two sell homeowners were sentenced to 1+1 compensation cases.

Key word

Matrimonial property

Divorce, no room can I stay with you?

Case

Zhengzhou citizens Ms. Liu, is a housewife, and her husband divorced in June of this year, two people have no child.

Although the house after living together by two people, but her husband before marriage to buy. There is no source of income, nor house Liu in the hope of her ex husband lived on for some time, and find the house to move out, but her husband insisted she immediately moved out.

The court verdict Liu can continue to live for half a year.

Regulations

Draft article fifteenth: before the purchase of housing, living together after marriage, the woman at the time of divorce have no source of income and of no fixed abode, can generally be entitled to live in the house within two years after the divorce. But the man give corresponding economic help except.

Interpretation

The 23 year old Xiaotian said is not understanding of the provisions of this article: "divorced, he what to do in each other's home? If the other person and fall in love the more embarrassing."

Zhao Junsheng explains, "marriage law" in the provisions, such as divorce, one party has difficulties in life, the other party shall render appropriate assistance to its housing and other personal property. In the judicial interpretation, on the help is provided including the money, the content of habitatio.

For this shall draft the fact of the "marriage law" further refinement of legal interpretation. "The residence is within two years, our judgment about half a year in general practice." Zhao said the judge, residency shoulds not be too long, it is the embodiment of the rescue party limited assistance, and because of ethical reasons, in legal practice, must first seek the views of both sides.

After the divorce property you, return

Case

Xiao Song Zhengzhou residents and small Jia before marriage, their mortgage to buy a house, to pay 20% of the first payment, mortgage procedures to the bank.

After marriage, the couple became common loan. After two because of personality clashes have dispute, Xiao Song sued to the court, for a divorce and division of the house.

Regulations

Draft article sixteenth: divorce before marriage to buy a house and paid 1629, the marriage of the house property card, although one spouse participated in the liquidation of 1629, nature does not change the housing for personal property. But at the time of divorce should consider housing value-added benefits, the reasonable compensation for spouse.

Interpretation

According to the "marriage law" provisions, the couple did not agreed circumstances, Party premarital property of one of the spouses of personal property, not because of the marriage relationship continued survival and into the joint property of husband and wife.

Zhao Junsheng said, if song before marriage made real estate certificate, obtained the ownership of the house, married two people with the couple's joint property loan repayment behavior, not the nature of the building changes, the first payment and premarital loans for small Song's personal property, but the song should be half together after marriage loan in return back to his wife.

At the same time, such as the marriage owing on the loan time is relatively long, Xiao Song also should give economic compensation of small Jia certain.

Key word

The small property right room

To buy a small property room, not protected by law

Case

In 1995 October, Mr. Wang would like to settle in Zhengzhou, buy a house, Zhengzhou citizen Mr. Chen village house will be sold to him.

Since 1997, Mr. Wang has been in this room to live. In 2006, because of the old village relocation, in front of the huge compensation benefits, Mr. Chen denies the real fact, receive a housing units compensation, Mr. Wang the prosecution to the court, asked to confirm the transaction both sides before the effective.

The court rejected Mr litigation request, the case is the second instance.

Regulations

Draft article twelfth: rural residents will be the legal department in charge of examination and approval permission in the collective economic organization construction built houses on the land, the collective economic organizations for sale to other units or individuals, the parties concerned sale contract invalid, the people's court to support.

Interpretation

The small property right room can not sell "outsiders"

Zhengzhou city Jinshui District People's court judge Li Chunqiang said, small property housing transactions are not protected by law. The small property right room can not sell "outsiders", otherwise the contract will be invalid.

The sale of small property room between the collective economic organization members, can generally be identified its business effectively, because the civil behavior does not violate laws, regulations and provisions; but to the collective economic organizations and personnel to sell the housing of small property right, should normally be identified the sale is invalid, unless buy in buy a house already in the collective economic organizations.

In the case of Mr. Wang, if this village settled down to the purchase of housing, to become a member of the village, they could share the homestead, of course, can also be self built housing. But the small property right or not for buying and selling.