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The consignor may entrust the auction object to the auctioneer for auction, but relevant supporting materials are required. The auctioneer shall verify the materials provided by the consignor, and if necessary, the subject matter may also be appraised to confirm that the subject matter meets the auction conditions, and sign a written entrustment contract, which cannot be replaced by an oral contract.
Section 1: Auction Consignment.
Article 41 Where the consignor entrusts the auction items or property rights, he or she shall provide proof of identity and proof of ownership of the auction object as required by the auctioneer, or proof that the auction object may be disposed of in accordance with law and other materials.
Article 42 The auctioneer shall verify the relevant documents and materials provided by the consignor. If the auctioneer accepts the entrustment, it shall sign a written entrustment auction contract with the consignor.
Article 43 Where the auctioneer deems it necessary to conduct an appraisal of the auction object, it may conduct an appraisal.
If the appraisal conclusion is inconsistent with the condition of the auction object specified in the consignment auction contract, the auctioneer has the right to request that the contract be changed or terminated.
Article 44 The consignment auction contract shall specify the following matters:
1) The name and address of the consignor or auctioneer;
2) the name, specification, quantity and quality of the auction object;
3) the reserve price proposed by the client;
4) the time and place of the auction;
5) the time and manner of delivery or transfer of the auction object;
6) Commissions and the methods and deadlines for their payment;
7) the method and time limit of payment;
8) Liability for breach of contract;
9) Other matters agreed upon by both parties.
If the consignor commits fraud or unintentionally causes misunderstanding, the auctioneer has the right to change or terminate the entrustment contract, and the entrustment contract shall be written with detailed information about the consignor, the subject matter, and the mutual agreement of both parties. According to this, the legitimate rights and interests of both parties shall be guaranteed for the breach of contract, and the corresponding civil liability shall be borne for the breach of contract.
1. How often will the auction announcement be issued for the auction of land use rights.
The auction announcement shall be issued 30 days before the public auction for the auction of land use rights. Bidders sign up for bidding and obtain relevant documents, submit relevant information to the auctioneer to participate in the bidding, become bidders after examination and approval, pay the deposit, and receive the bidding number plate. Public auction at the agreed time, place and in accordance with the procedure:
The host introduces the location, area, use, planning requirements and other related matters of the auction plot; Auction starting price is announced.
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1. Basic information of the settlor and the trustee;
2. Entrusted matters, such as auction items, time, method, etc.;
3. Commission; 4. Rights and obligations of both parties;
5. Liability for breach of contract;
6. Dispute resolution.
1. What is the difference between a discipline contract and an entrustment contract?
The difference between the contract of discipline and the contract of entrustment:
1) The entrustment contract, also known as the appointment contract, refers to the contract in which the trustee handles the affairs of the client as agreed between the client and the trustee; The discipline contract is a contract in which the discipline person engages in ** activities for the client in his own name, and the client pays remuneration.
2) The entrustment contract can be either a paid contract or a gratuitous contract; A discipline contract is a paid contract.
3) The rights and obligations arising from the trading activities of the trustee in the entrustment contract shall be borne by the principal; The rights and obligations arising from the trading activities of the discipline party in the discipline contract shall be borne by the discipline party itself.
4) The cost of the entrusted affairs handled by the trustee in the entrustment contract shall be borne by the principal; The expenses incurred by the discipline party in handling the entrusted affairs in the discipline contract shall be borne by the discipline officer, unless otherwise agreed by the parties.
2. What is the difference between a discipline contract and an entrustment contract?
1) The entrustment contract, also known as the appointment contract, refers to the contract in which the principal and the trustee agree that the trustee will handle the affairs of the client; The discipline contract is a contract in which the discipline person engages in ** activities for the client in his own name, and the client pays remuneration.
2) The entrustment contract can be either a paid contract or a gratuitous contract; A discipline contract is a paid contract.
3) The rights and obligations arising from the trading activities of the trustee in the entrustment contract shall be borne by the principal; The rights and obligations arising from the trading activities of the discipline party in the discipline contract shall be borne by the discipline party itself.
4) The cost of the entrusted affairs handled by the trustee in the entrustment contract shall be borne by the principal; The expenses incurred by the discipline party in handling the entrusted affairs in the discipline contract shall be borne by the discipline officer, unless otherwise agreed by the parties.
Article 919 of the Civil Code.
An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the principal.
Article 920.
The settlor may specifically entrust the trustee to handle one or more affairs, or may entrust the trustee to handle all affairs in general.
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1. Proof of identity. The identity certificate is a legal document that proves the identity of the consignor, and the consignor is required to provide his or her own identity certificate when entrusting the auction to ensure the authenticity of the items sold by the parties. At the same time, it is also convenient for bidders to confirm the authenticity of the items sold.
The identity certificate here is mainly the ID card of the client himself, including the ID card of a natural person, the legal personality certificate of a legal person and other relevant documents that can prove the current identity of the client.
2. Submit proof of ownership or right of disposal of the auction object. Ownership refers to the right of the owner to possess and use the thing without interference from others. It is a kind of property right, and it is the legal expression of the relationship of possession of material materials between simple and boring people.
In any country and society, ownership rights are protected by law, and citizens and organizations have the right to apply to the courts for the right to return possession, remove obstacles, compensate for damages, and confirm property rights when their property ownership rights are violated. The ownership of property in our country is protected by the Constitution, criminal law, administrative law, land law and other relevant laws. The right of disposition refers to the right to dispose of the property (property) in accordance with the law and change its fate in fact and in law, which is a major power of ownership.
The owner extinguishes or transfers the ownership of the property to another person by consuming, abandoning or selling it. The owner transfers the right to use or possess the property through a contract such as lease or custody, or creates a real right (mortgage, pawn, etc.) on the property, which is also the right to dispose of it. The right of disposition may also be exercised by non-property owners, such as the court auctioning off the debtor's movable and immovable property through civil enforcement procedures; The carrier shall dispose of the overdue goods that have been reminded but no one has ordered them to dismantle and claim the goods in accordance with the law.
Ownership and disposition are very important powers. Only the consignor with such rights can entrust it to auction, so the law requires the consignor to submit proof of ownership or right to dispose of the auction object.
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Legal analysis: Specify the personal information of the client and the trustee Shanna, list the trustee's authority, and sign.
Legal basis: "The Civil Code of the People's Republic of China".
Article 919:The entrustment contract is an agreement between the client and the trustee that the trustee will handle the client's affairs.
Article 922:The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; Where it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.
1. What qualifications do you need for the auction of the Sail Division? >>>More
Think about it, I think this thing tx is for everyone's convenience, but after all, there are pros and cons to a thing, and it definitely can't fully meet the player's meaning.
In my opinion, I don't think the difference between the two is very big, or in a sense it can be said that art is also a type of design work, but a work of art is a successful design work in a certain sense.