Laws regarding real estate, laws and regulations regarding property disputes

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The Civil Code of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China are the main legal provisions applicable to real estate disputes.

Article 208 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law.

The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 2 of the Law of the People's Republic of China on the Administration of Urban Real Estate within the scope of State-owned land (hereinafter referred to as State-owned land) in the urban planning area of the People's Republic of China shall comply with this Law.

"Houses" as used in this Law refers to buildings and other buildings and structures on land.

The term "real estate development" as used in this Law refers to the construction of infrastructure and housing on land on which the right to use state-owned land has been obtained in accordance with this Law.

The term "real estate transactions" as used in this Law includes real estate transfers, real estate mortgages and housing leases.

Legal basis. Article 208 of the Civil Code of the People's Republic of China [Principle of Publicity of Property Rights] The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 2 of the Law of the People's Republic of China on the Administration of Urban Real Estate within the scope of State-owned land (hereinafter referred to as State-owned land) in the urban planning area of the People's Republic of China shall comply with this Law. "Houses" as used in this Law refers to buildings and other buildings and structures on land. The term "real estate development" as used in this Law refers to the construction of infrastructure and housing on land on which the right to use state-owned land has been obtained in accordance with this Law.

The term "real estate transactions" as used in this Law includes real estate transfers, real estate mortgages and housing leases.

According to the provisions of the laws and regulations on the real estate certificate, the content is as follows: first, when the two parties sign the sales contract, the two parties agree in writing on the specific time for the buyer to obtain the real estate certificate, if the buyer does not obtain the real estate certificate due to the developer's reasons, the developer shall bear the liability for breach of contract, if the two parties agree on the specific liability for breach of contract in the contract, according to its agreement; If only the time is agreed and the liability for breach of contract is not agreed, the buyer may request the developer to pay interest according to the total amount paid for the purchase, which is calculated with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China. In practice, it is generally 2/10,000 to 5/10,000 of the total price paid per day, the higher the more beneficial it is to the buyer, because in this way not only the buyer can get more compensation, but also the calculation basis is clear, which also plays an effective binding role for the developer.

Second, if the two parties do not agree on the specific time for the buyer to obtain the real estate certificate when signing the contract, if the house is a pre-sale house, which is commonly referred to as off-plan housing, according to the provisions of the interpretation, within 90 days from the date of delivery of the house, the buyer shall obtain the real estate certificate, if the buyer does not obtain the real estate certificate due to the developer's reasons, even if the company does not agree on the liability for breach of contract, the developer must pay the corresponding interest on the house price. The criterion for the delivery of the house here is the time when the developer will hand over the keys. Third, if the house has been completed and become an existing house at the time of signing the purchase contract, according to the provisions of the interpretation, the buyer shall obtain the property ownership certificate within 90 days from the date of conclusion of the contract, and if the buyer does not obtain the property ownership certificate due to the developer's reasons, the corresponding interest shall also be paid in the same respect.

At the same time, Article 19 of the Interpretation stipulates that: "If the time limit for the registration of house ownership as stipulated in the contract for the sale and purchase of commercial housing or in accordance with Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation exceeds one year after the expiration of the time limit for the registration of house ownership, the buyer is unable to register the house ownership due to the seller's reasons, and the buyer's request to terminate the contract and compensate for losses shall be supported." Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation refers to the fact that the purchaser of the pre-sold commercial housing shall go through the procedures for the change of land use right and the registration of the ownership of the house within 90 days from the date of delivery of the commercial house; The purchaser of the commercial house for sale shall, within 90 days from the date of signing the sales contract, go through the formalities of changing the land use right and registering the ownership of the house.

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The laws and regulations on real estate disputes mainly include: Provisions on advance notice registration: if the parties sign an agreement to buy and sell a house or sign an agreement on other real estate rights, in order to ensure the realization of real rights in the future, they may apply to the registration authority for advance notice registration in accordance with the agreement.

If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. Provisions on disposition without authority: if the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Under certain circumstances, the transferee acquires the ownership of the immovable or movable property.

Legal basis. Article 221 of the Civil Code of the People's Republic of China [Advance Notice] Where a party signs an agreement on the sale and purchase of a house or an agreement on other immovable property rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

Article 311 of the Civil Code of the People's Republic of China [Acquisition in Good Faith] Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee acquires ownership of the immovable or movable property under the following circumstances: (1) the transferee is acting in good faith when transferring the immovable or movable property; (2) Reasonable transfer; (3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transfer shall be delivered to the transferee if it is not required to be registered. Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.

Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.