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Anonymous users2024-02-05Legal analysis: judicial auction is not limited to the number of people, as long as there is one person to sign up to bid can be concluded, you can also sign up and not bid, so that there will be no transaction, but, in addition to the auction house, there is also a transfer of state-owned assets, which is operated in the property rights exchange, in this case, as long as you sign up, if no one else registers, it will be regarded as a transaction, so in this case, you must be cautious.
Legal basis: Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts
Article 1: During enforcement procedures, after the property of the person subject to enforcement is sealed, seized, or frozen, the people's court shall promptly conduct an auction, sale, or take other enforcement measures.
Article 2: When people's courts dispose of sealed, seized, or frozen property at a discounted price, they shall first adopt the method of auction, except as otherwise provided by laws and judicial interpretations.
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Anonymous users2024-02-04Legal analysis: In the judicial auction, if only one person participates and the bid is not lower than the auction price, the auction can be carried out normally.
Legal basis: Article 11 of the "Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auctions in the People's Courts" Online judicial auctions do not limit the number of bidders who can be called. If one person participates in the bidding and the bid is not lower than the starting price, the auction will be concluded.
Article 12 of the Supreme People's Court's Provisions on Several Issues Concerning Online Judicial Auctions in People's Courts: Online judicial auctions shall be announced in advance, and auction announcements shall be published on the online judicial auction platform at the same time, in addition to being released through legally-prescribed channels. Where movable property is auctioned, it shall be announced 15 days before the auction; Where immovable property or other property rights are auctioned, an announcement shall be made 30 days before the auction. The auction announcement shall include information such as the auction property, the security deposit, the bidder's conditions, the known defects of the auctioned property, relevant rights and obligations, legal liabilities, the auction time, the online platform and the auction court.
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Anonymous users2024-02-03Legal Analysis: No, because the court auction will not accept registration and deposit after the start of the auction.
Even if you have successfully registered, if you don't want to bid in the future, you can still do it, if you don't bid, the deposit will be returned to you after the auction.
Because the auction deposit is generated by the agreement between the parties to the auction, and since the auction is an anonymous transaction, the auctioneer solicits foreign investment, publishes announcements, displays and conducts the auction in its own name, and signs an auction transaction confirmation with the buyer in its own name. There is no contractual relationship between the bidder and the consignor, so the auction deposit is a form of security made by the bidder or the buyer to the auctioneer.
In the event of default, the consignor or auctioneer has the right to forfeit the bidding deposit, which is a part of the total auction deposit. Here, the function of the bidding deposit is to prevent the bidder from not participating in the agreed auction without reason, and to make up for the losses caused by the breach of contract to the consignor and the auctioneer.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 247: After property is sealed or seized, the executor shall order the person subject to enforcement to perform the obligations set forth in the legal document within the specified period. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where it is not appropriate to complete the auction or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own.
The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.
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