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Legal analysis: 1. How to write a land subcontract contract.
The land subcontract shall have the following contents:
1) The name of the contract-issuing party and the contracting party, and the names and residences of the responsible person of the contract-issuing party and the representative of the contracting party;
2) The name, location, area, and quality level of the contracted land;
3) The duration of the contract and the start and end dates;
4) the use of the land in the contracting state;
5) the rights and obligations of the contract issuing party and the contracting party;
6) Liability for breach of contract.
2. How to confirm the invalidity of a land contract.
The circumstances under which the land contract is invalid are:
1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;
2) Malicious collusion, harming the interests of the state, the collective, or a third party;
3) Concealing illegal purposes in a lawful form;
4) Harming the public interest;
5) Violating mandatory provisions of laws and administrative regulations.
Legal basis: Article 470 of the Civil Code, the content of the contract shall be agreed upon by the parties, and generally include the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Valid wording of the rural land subcontract agreement: With the consent of the contract issuing party, the contracting party may transfer all or part of the land contracting and management rights to other rural households of the collective economic organization. The contract shall take effect in accordance with the law or in accordance with the agreement under the conditions that it does not violate the law, the expression of intent is true, and the parties have the corresponding capacity for civil conduct.
[Legal basis].Article 143 of the Civil Code of the People's Republic of China.
Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 34 of the Rural Land Contract Law of the People's Republic of China.
With the consent of the contract issuing party, the contracting party may transfer all or part of the land contracting and management rights to other rural households of the collective economic organization, and the rural households shall establish a new contracting relationship with the contract issuing party, and the contracting relationship between the original contracting party and the contract issuing party on the land shall be terminated immediately.
Article 35.
Where land contracting and management rights are exchanged or transferred, the parties concerned may apply to the registration authority for registration. Without registration, it is not allowed to confront a bona fide third party.
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The land subcontract agreement template is as follows: Party A: (Transferor) Party B:
Transferee) In view of: Party A owns a certain plot of land (hereinafter referred to as "local block"), and now Party A agrees to subcontract the local block to Party B, and the two parties have reached the following agreement: 1. The basic situation of the local block 1. The location of the local block
2. The area of the local block: 3. The use of the local block: 2. Subcontracting content 1. Party A agrees to subcontract the local block to Party B, and Party B accepts the subcontract of the local block; 2. After Party B accepts the subcontract of the local block, it can use the local block freely; 3. Party A no longer bears any responsibility for the local block, and Party B is responsible for the ownership and use right of the local block after accepting the subcontract of the local block.
3. The subcontract price paid by Party B to Party A is: RMB (capitalized): in cash.
4. Subcontract Term: This Agreement shall come into force from the date of signature of both parties to the date of payment of the subcontract price by Party B. V. Liability for breach of contract1. If Party A fails to deliver the local block on time in accordance with the provisions of this agreement, it shall bear the liability for breach of contract and compensate Party B for the losses caused to Party B thereby; 2. If Party B fails to pay the subcontract price on time in accordance with the provisions of this agreement, it shall bear the liability for breach of contract and compensate Party A for the losses caused to Party A. 6. Dispute ResolutionIn the event of a dispute during the performance of this Agreement, both parties shall resolve it through friendly negotiation; If the negotiation fails, either party has the right to file a lawsuit with the people's court where Party A is located.
7. Others1. This Agreement shall be executed in duplicate by both parties, and shall have the same legal effect; 2. This agreement shall come into force from the date of signature of both parties to the date of payment of the subcontract price by Party B; 3. For matters not covered in this agreement, the two parties may sign a supplementary agreement separately, which shall have the same legal effect. Party A: Party B: Date:
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Summary. Subcontractor: (hereinafter referred to as Party A) Contractor:
In accordance with the provisions of the Law of the People's Republic of China on the Subcontracting of Land in Villages and other laws and regulations, Party A and Party B have reached a consensus on the subcontracting of rural land, and hereby conclude a contract for both parties to abide by and execute. 1. The area and location of the subcontracted land are located in the area of acres, four to: south to:
To the north, to the east, to the west. Party A agrees to contract the land to Party B for subcontract cultivation and use. 2. Subcontracting matters 1. Subcontracting period:
In the early days, the land was contracted by Party A and the Dongjin Village Committee of the seventh-level town for 30 years (i.e., from 1999 to 2019). Now, after coordination between the two parties, it is agreed that Party A will transfer it to Party B for a year (year). i.e. from YYYYYYYYYYYYYYYYYYYYYYYY
2. Subcontracting feeThe subcontracting fee is RMB, and after the date of signing this contract, Party B shall continue to cultivate the subcontracted land, and the resulting costs and benefits shall be borne by Party B. 3. From the date of signing the subcontract, Party A will officially deliver the subcontracted land to Party B. 3. Use of subcontracted landThe land under this contract is used for planting various crops and cash crops.
Dear, I am glad to answer for you, send the first land subcontract agreement template, pro, for the promotion of agricultural science and technology, change the traditional and outdated forms of agricultural farming, Party A will contract the collective ownership of agricultural cultivated land to Party B for the development and application of agricultural dust technology. In accordance with the Land Management Law of the People's Republic of China, the Contract Law of the People's Republic of China and relevant laws, regulations and policies, Party A and Party B sign this contract in accordance with the principles of equality, voluntariness and compensation, and abide by it together.
Subcontractor: (hereinafter referred to as Party A) Contractor: (hereinafter referred to as Party B) In accordance with the provisions of the Law of the People's Republic of China on the Subcontracting of Land in Villages and other laws and regulations, Party A and Party B have reached a consensus on the subcontracting of rural land, and hereby conclude a contract for both parties to comply with and execute.
1. The area and location of the subcontracted land are located in the area of acres, four to: south to: north, east to, west to.
Party A agrees to contract the land to Party B for subcontract cultivation and use. 2. Subcontracting matters 1. Subcontracting period: In the early stage, the land was contracted by Party A and the Dongjin Village Committee of the seventh-level town for 30 years (i.e., from 1999 to 2019).
Now, after coordination between the two parties, it is agreed that Party A will transfer it to Party B for a year (year). i.e. from YYYYYYYYYYYYYYYYYYYYYYYY 2. Subcontracting feeThe subcontracting fee is RMB, and after the date of signing this contract, Party B shall continue to cultivate the subcontracted land, and the resulting costs and benefits shall be borne by Party B.
3. From the date of signing the subcontract between the two parties, Party A will deliver the subcontracted land to Party B in a rotational manner. Waxed socks.
3. Use of subcontracted landThe land under this contract is used for planting various crops and cash crops.
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For land circulation, how to write the land contract, the answer is as follows: Contract-issuing party: county, town and village group (hereinafter referred to as Party A) contractor:
Hereinafter referred to as Party B) in order to improve the use of barren mountain land, develop the rural social and economic bureau, and protect the ecological environment, Party A and Party B are willing to contract the collective barren mountain on the top of the slope to Party B for development, and the specific terms are as follows: 1. The collective barren mountain is the boundary of the two groups of responsible soil, with the west as the boundary and the north as the boundary. 2. The contract period is three years, from two zeros and one year, month and day to two zero, one year, month and day.
3. The contract price is 10,000 yuan (yuan) for three years, and it is paid in a lump sum after signing. 4. The project developed by Pure World Party B shall not have a project that pollutes the land, and in addition, Party B shall independently choose the development project, and Party A shall not interfere. 5. After both parties sign the contract, Party A will deal with the work of the masses by itself, and if there is any contradiction affecting the interests of Party B, Party A will be responsible for reducing losses.
6. In the development of Party B, such as the construction of project roads and other temporary land, the land occupied by Party B shall be constructed and developed by Party B, and Party A shall be responsible for the work of the masses encountered, and no one shall be allowed to stop it, and Party A must give up the construction land free of charge. 7. After expiration, if Party A continues to be willing to contract out, the same conditions must wait for Party B to contract, and the contract money is negotiable, if the negotiation is inconsistent, Party A will recover it free of charge. 8. All the forests in the barren mountain contracted shall be managed and benefited by Party B, that is, the ownership shall belong to Party B, and Party A shall not have any dispute.
9. If there is an old man in this village who has passed away, he can use the land of Party B, but the area is 6 meters wide and 6 meters long, and the excess land is discounted according to the market. 10. This agreement shall take legal effect after signing, and no party shall breach the contract, such as paying liquidated damages of 10,000 yuan for breach of contract. 11. This Agreement shall be executed in triplicate, with Party A and Party B each holding one copy, and Party A's village committee retaining one copy.
Party A: Party B: Year, Month and Date [Legal Provisions]:
Civil Code of the People's Republic of China: Article 334: [Swap and Transfer of Land Contracting and Management Rights] The holder of land contracting and management rights has the right to exchange and transfer land contracting and management rights in accordance with the provisions of law. Without approval in accordance with law, the contracted land shall not be used for non-agricultural construction.
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Legal analysis: A land contract agreement refers to an agreement reached between the contract issuer and the contractor on the relationship of land rights and obligations. The maximum number of years of contracted wasteland shall be judged according to the use of wasteland.
The contract period for cultivated land is 30 years. The contract period for the grassland is 30 to 50 years. The contract period of forest land is 30 to 70 years; The contract period of forest land for special forests can be extended with the approval of the competent forestry administrative department.
Legal basis: Rural Land Contract Law of the People's Republic of China
Article 20: Land contracting shall be carried out in accordance with the following procedures:
1) The villagers' meeting of the members of the collective former demolition economic organization elects the contracting working group;
2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations;
3) Convene a meeting of the villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracted training program;
4) Publicly organize the implementation of the contracting plan;
5) Sign the contract.
Article 21 The contract period of cultivated land shall be 30 years for Huizhong jujube. The contract period for the grassland is 30 to 50 years. The contract period of forest land is 30 to 70 years;
After the expiration of the contract period for cultivated land provided for in the preceding paragraph, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with the provisions of the preceding paragraph.
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Hello. If the issuance of the land contracting and operation right certificate is a specific administrative act carried out by the administrative entity, and if the act of the administrative organ has caused damage to the legitimate rights and interests of your mother, you may file an administrative reconsideration or administrative lawsuit in accordance with the law to revoke the land contracting and operation right certificate made illegally. Hope the above helps.
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This case mainly involves the following key issues: first, where should the contract be left if one of the parties to the contract dies, second, whether the rural land contract can be subcontracted and what conditions and regulations are required, and third, the ownership of the ancillary facilities on the land after the land contract. First, according to the legislative spirit of the Contract Law, if the legal heirs of one party deceased and the other party to the contract agree, the subject of the contract may be changed to continue to perform, and secondly, the rural land contract can be subcontracted, but it must be subcontracted within the scope specified in the original contract, and finally, the appurtenances on the land are only subcontracted together with the subject matter of the contract, that is, the use and transfer of its ownership has not changed.
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