On the legal aspects of immovable property, immovable property is legally regulated

Incident 1: It belongs to B and has no right to dispose of it. There are two situations involved in the disposition without authority, one is that C thinks that B is authorized by A, which is a performance**.

The behavior between B and C is valid. One is that C knows that B does not have the right to dispose of it, so the act of disposition without the right is valid only after A recognizes it.

Incident 2: A agrees with B's behavior, so the name change is valid, B promises that C will give the transfer fee, and B is jointly and severally liable for this, but B and A are relatives, and it is estimated that if C does not pay the transfer fee, A will not ask B to be liable.

Incident 4: If there is no evidence of the transfer fee clause, after A has paid the house payment three or four times, C requests that the house payment be repaid once or twice and the bank loan interest rate is four times the requirement of C, which is in line with the relevant requirements of private lending. If A wants to repossess, the property can only be recovered by fulfilling C's claim.

All the questions in this case focus on the question of whether there is evidence or not. It is advisable to consult a local lawyer for specific matters.

According to the relevant provisions of the Contract Law of the People's Republic of China and the Property Law, A's argument is reasonable, and A has the right to recover the right to purchase the house if C orally promises to pay the transfer fee but does not pay the transfer fee. At the same time, Company A does not have any legal relationship with the entanglement between ABC, and the registration of real estate rights should still belong to Unit A. c. Although it has the right to demand a refund of the purchase price, there is no basis for asking for 4 times the interest on the bank loan.

Other issues are not of substantive significance and may not be considered.

Zongheng Legal Network-Jiangsu Zhengyuan Law Firm-Lawyer Chen Suwu.

Specific issues need to be determined according to the specific facts, and if the negotiation fails, a lawsuit can be filed with the court for resolution.

Zongheng Legal Network-Jiangsu Zhongshan Mingjing Law Firm-Lv Houhu lawyer.

Immovable property is subject to registration in accordance with the provisions of the Civil Code. Article 209 of the Civil Code, 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. Duansan is a natural resource owned by the state in accordance with the law, and the ownership may not be registered.

Article 210 of the Civil Code states that the registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items. If the relevant circumstances of the immovable property applied for registration need to be further proved, the registration authority may require the applicant to supplement the materials and, if necessary, may inspect on the spot. Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

1) It is relatively simple to apply for a mortgage consumer loan, but there are certain restrictions on the purpose of the loan; Before proceeding, consumers need to have a rational understanding of the reality of high repayment pressure on mortgage consumer loans, fully consider their own repayment ability, and avoid the unfavorable situation of using real estate to offset debts. (2) When applying for a personal housing mortgage loan, consumers must analyze their family structure, work nature, income status, etc., so as to be able to correctly grasp the total amount of personal loans and the term of the loan, and try to avoid the loan risks caused by poor consideration. (3) The mortgaged property must be in the name of the borrower, and if it is jointly owned with a third party, a declaration of the co-owner's consent to the mortgage must be issued at the time of mortgage.

4) In the certificate of marital relationship provided, if there is a divorce, the divorce agreement or court judgment shall be submitted; If you are single after the divorce, you need to provide a certificate of non-remarriage after the divorce; (5) It is necessary to clarify the purpose of the loan, and mortgage consumer loans can generally only be used for consumer items such as decoration, study abroad, medical treatment, weddings, and the purchase of large-value durable consumer goods (car purchases, etc.) for families. , in addition, mortgages. Accordingly, the following properties are not eligible for a mortgage:

Sealing up or restricting real estate rights in other forms in accordance with law; co-ownership of real estate, without the written consent of the other co-owners; The ownership is disputed; In accordance with the relevant housing reform policy, the ** welfare housing purchased according to the cost method. The following conditions need to be met to apply for real estate mortgage registration: (1) legal ownership of real estate and property rights; (2) Real estate is not mortgaged, seized, or otherwise restricting real estate rights; (3) the mortgage contract signed between the mortgagor and the mortgagee; (4) The real estate mortgage of an unincorporated enterprise or organization has been approved by its property rights department; (5) the consent of the other co-owners has been obtained for the co-ownership of the real estate; (6) Other conditions provided for by laws, regulations, rules and normative documents.

Article 402 of the Civil Code provides that if the property provided for in Items 1 to 3 of the first paragraph of Article 395 of this Law is mortgaged or the building under construction as provided for in Paragraph 5 of this Law, the mortgage registration shall be completed. The mortgage is created at the time of registration.

Legal Analysis: Immovable property includes three types of land attachments, while movable property is not land attachments.

Legal basis: Article 23, Paragraph 2 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-Added Tax Immovable property refers to property that cannot be moved or will cause changes in nature and shape after moving, including buildings, structures and other land attachments.

Annotations to Business Tax Items (Trial Draft) Article 9 Other land attachments refer to immovable properties attached to land other than buildings or structures.

Immovable property includes three types of land attachments, while movable property is not land attachments.

1. Is the real estate property right certificate a land use certificate?

A real estate title certificate is not a land use certificate. The real estate certificate already includes the real estate certificate and the land use certificate, and after receiving the real estate certificate, there is no need to obtain the land use certificate separately. As long as you have the real estate ownership certificate, it means that you have the ownership of the house, which also includes the right to use the land, as long as you have the real estate ownership certificate, you can go to the core of the real estate with the real estate ownership certificate to go through the real estate transaction procedures.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property.

2. Does the land use certificate belong to the real estate ownership certificate?

The real estate property certificate is not a land use certificate, the real estate certificate already includes the real estate certificate and the land use certificate, and after receiving the real estate certificate, there is no need to obtain the land use certificate separately. As long as you have the real estate title certificate, it means that you have the ownership of the house, which also includes the right to use the land, in other words, as long as you have the real estate title certificate, you can go to the core of the property with the real estate title certificate to go through the real estate transaction procedures.

3. Is the real estate title certificate a real estate certificate?

A real estate title deed is not a title deed. They are aimed at different objects. The full name of the real estate certificate is the "house ownership certificate", which is the proof that the right holder enjoys the ownership of the house.

For home ownership registration only. The real estate ownership certificate records the ownership information of each real estate under the name of the right, not only including the real estate information, but also the ownership, use right, mortgage and other rights of real estate such as houses, land, forests, and sea areas. The management authorities of the two are different, the real estate certificate is accepted and issued by the housing management department, and the real estate property right certificate is issued by the real estate registration agency.

The legal system applicable to the two is different, and the real estate rights system is implemented after the real estate registration system, which is the act of recording the ownership of real estate rights and other legal matters in the real estate register. The scope of real estate registration is very wide, including land, sea area, house, forest, etc., and the scope of the right to register design is not only the right to use the ownership of the property, but also includes the right to use the construction land, the right to use the homestead, the right to easement, the right to mortgage, etc. The Interim Regulations on the Registration of Immovable Property, which came into effect on 1 March 2015, stipulate that a certificate of ownership of immovable property shall be issued to the applicant after the registration is completed.

That is, the real estate certificate. Of course, the two also have the same function, because the scope of real estate registration includes the ownership of the house, and the real estate certificate obtained before the implementation of the real estate registration system will continue to be valid, and both can be used as proof of the ownership of the house.

Paragraph 2 of Article 23 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-Added Tax refers to property that cannot be moved or will cause changes in nature and shape after moving, including buildings, structures and other land attachments.

Annotations to Business Tax Items (Trial Draft) Article 9 Other land attachments refer to immovable properties attached to land other than buildings or structures.

Legal basis: Civil Code of the People's Republic of China

Article 115 Property includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

Article 242 The law stipulates that movable and movable property owned exclusively by the State may not be acquired by any organization or individual.

Article 255: State organs enjoy the right to possess, use, and dispose of immovable and movable property under their direct control, as well as in accordance with the law and relevant provisions.

Legal Analysis: Immovable property includes three types of land attachments, while movable property is not a Zen oak land attachment.

Legal basis: Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-Added Tax Article 23 Paragraph 2 Immovable property refers to property that cannot be moved or will cause changes in nature and shape after the old shed is moved, including buildings, structures and other land attachments.

Annotations to Business Tax Items (Trial Draft) Article 9 Other land attachments refer to immovable properties attached to land other than buildings or structures.

Legal Analysis: The Real Estate Registration Law of the People's Republic of China is a draft law that is relatively mature and will be submitted for consideration during the term of office. The branches are swift.

Legal basis: Interim Regulations on the Registration of Immovable Property Article 1 These Regulations are formulated in accordance with the Property Law of the People's Republic of China and other laws in order to integrate the duties of immovable property registration, standardize registration behavior, facilitate the public's application for registration, and protect the legitimate rights and interests of rights holders.

Article 2 The term "immovable property registration" as used in these Regulations refers to the act of the immovable property registration authority recording the ownership of immovable property rights and other statutory matters in the immovable property register in accordance with law.

"Immovable property" as used in these Regulations refers to land, sea areas, houses, forests, and other fixtures.

Article 3: These Regulations apply to the first registration, alteration registration, transfer registration, cancellation registration, correction registration, objection registration, advance notice registration, seizure registration, etc. of immovable property.

Article 4 The State implements a unified registration system for immovable property.

The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses.