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Anonymous users2024-02-076. Legal basis:
Paragraph 1 of Article 48 of the Contract Law of the People's Republic of China: If the actor does not have the right to do so, exceeds the right or enters into a contract in the name of the person subject to the contract after the termination of the right, it shall not be effective against the person subject to the contract without the recognition of the person being recognized, and the actor shall be liable.
Paragraph 2: The counterparty may urge the respondent to be recognized within one month. If the person is not expressed, it will be deemed to be refused.
Ratified. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.
Article 49 of the Contract Law of the People's Republic of China: If the actor does not have the right to enter into a contract in the name of the person being the first person after the termination of the right to exceed the right or after the termination of the right of the actor, and the counterparty has reason to believe that the actor has the right to do so, the act is valid.
Article 89 of the Security Law of the People's Republic of China: The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered.
If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Article 91 of the Security Law of the People's Republic of China: The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.
Paragraph 2 of Article 114 of the Contract Law of the People's Republic of China: If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.
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Anonymous users2024-02-06The reply to your question is as follows: 1. Judging from the content you expressed, the husband is aware of and participated in the purchase of the house, and should buy the house in the name of the husband, and for the wife to sign the husband's name on the purchase contract, if the husband has authorized in advance, the wife's behavior is ** behavior and is valid for the husband; If the husband did not authorize in advance, but the developer knew that the husband and wife of the two were closed.
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Anonymous users2024-02-05Summary. Hello dear, husband takes out a loan to buy a house, and wife does not have to sign. Divided into a variety of situations:
1. If the buyer of the purchase contract is a husband and wife, then both of them must sign at the same time, and two copies of the real estate certificate will be issued in the future, which is called joint ownership of the property. 2. If the buyer of the purchase contract is one of the husband and wife, then the buyer's signature is sufficient, and the spouse's signature is not required. 3. If you take out a loan to buy a house, whether the buyer is a husband and wife or both husband and wife, you must sign the loan contract.
The share of the property has nothing to do with the contract, as long as it is marital property, the property purchased by either spouse is the joint property of the spouses. I hope you find the above helpful and I wish you a happy life!!
Hello, I would like to inquire, does the husband have to take out a loan to buy a house, and the wife must be present to sign?
Hello dear, husband takes out a loan to buy a house, and wife does not have to sign. It is divided into a variety of situations: 1. If the buyer of the purchase contract is a husband and wife, then both of them must sign at the same time, and two copies of the real estate certificate will be issued in the future, which is called joint ownership of the property.
2. If the buyer of the purchase contract is one of the husband and wife, then the buyer's signature is not required. 3. If you take out a loan to buy a house, you must sign the loan contract, regardless of whether the buyer is a husband and wife or both husband and wife. The share of the property has nothing to do with the contract, as long as it is marital property, the property purchased by either spouse is the joint property of the spouses.
I hope you find the above helpful and I wish you a happy life!!
If we both sign the loan, it is also the responsibility of the wife to repay the loan, and the wife also has to bear the responsibility of repaying the loan.
Is that so? Hello yes, yes, it's such a pro <>
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Anonymous users2024-02-04Hello, dear, I've kept you waiting, I'm glad to serve you! If the husband sells the house and the wife does not sign the contract, she may regret the lack and invalidate it. The disposition of jointly owned property shall be subject to the consent of all co-owners, unless otherwise agreed between the co-owners.
Therefore, it is advisable to obtain the consent of all the co-owners, unless you can prove that the other co-owners are aware and have obtained written consent. If the contract has already been signed, the parties may, in accordance with the provisions, be liable for negligence in contracting the contract if they breach their pre-contractual obligations in accordance with the principle of good faith due to their fault in the process of concluding the contract, resulting in the invalidity of the contract, or if the contract is established but does not meet the statutory conditions for its validity, it is confirmed to be invalid, modified or revoked, and the other party shall be liable for losses caused to the other party.
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Anonymous users2024-02-03Answer: First of all, whether the house belongs to the husband's personal property or the joint property of the husband and wife, if it is personal property, the wife's failure to sign does not affect the legal effect; In the case of joint property, the husband shall obtain the consent of the wife for the disposition of the house:1
If it is not signed, it will also have legal effect if you agree otherwise; 2.There is no file and there are other ways to prove that the wife knows, which is also legally valid; 3.If the wife does not sign and is not aware of it, it has no legal effect.
Legal basis: Civil Code of the People's Republic of China
Article 301 [Disposition, Major Repairs, and Change of Nature and Use of Jointly Owned Property] The disposition of jointly owned immovable or movable property, as well as major repairs or changes in the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.
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Anonymous users2024-02-02Hello, the husband sells the house and the wife does not sign the contract, which may be invalid. The disposition of jointly owned property shall be subject to the consent of all co-owners, unless otherwise agreed between the co-owners. Therefore, the consent of all co-owners should be obtained, unless you can prove that the other co-owners were aware and have obtained written consent.
If it has already been signed, it may be stipulated that the parties shall bear liability for negligence in contracting when the contract is invalidated, modified or revoked due to its fault in violating the pre-contractual obligations under the principle of good faith in the process of concluding the contract, or if the contract is established but does not meet the statutory conditions for life and damage, and the contract shall be liable for negligence in the contract.
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Anonymous users2024-02-01As long as the property is purchased after marriage, then it should belong to the joint property, and the consent of the co-owners must be used when dealing with it.
Legal basis: Civil Code of the People's Republic of China
Article 301: [Disposition, Major Repairs, and Change of Nature and Use of Closed Property] The disposition of jointly owned immovable or movable property, as well as major repairs or changes in the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners who account for more than two-thirds of the shares, unless otherwise agreed between the co-owners.
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