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Summary. First of all, I would like to remind you that using the land as a cemetery may already constitute an illegality; At present, China allows individuals to open cemeteries, but they need to go through legal procedures, and they must have the land certificate of the land department, the cemetery permit of the civil affairs department, the planning certificate of the planning department, and the price certificate of the price department. Secondly, if you have to buy, it is recommended that you buy it from formal channels, otherwise you may only have a creditor's relationship.
Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.
First of all, I would like to remind you that using the land as a cemetery may already constitute an illegality; At present, China allows individuals to open cemeteries, but they need to go through legal procedures, and they must have the land certificate of the land department, the cemetery permit of the civil affairs department, the planning certificate of the planning department, and the price certificate of the price department. Secondly, if you want to buy it from a non-friend, it is recommended that you buy it through regular channels, otherwise you can only have a creditor's relationship.
It is not advisable to buy a private cemetery unless there are legal formalities in place.
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The content of the cemetery sale contract is agreed upon by the parties, and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
Legal basis: Civil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties, and generally include the following clauses:
1) The name or title and address of the party to the tomb of the hermitage;
(2) the subject matter; 3) the quantity of the book is coarse;
(4) Quality; (5) Price or remuneration;
6) The limit, location and method of performance of the Zhoujia Town;
(7) Liability for breach of contract;
(8) Methods of dispute resolution.
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Legal analysis: The cemetery purchase agreement needs to contain the following contents: basic information of the seller and the buyer, relevant information about the tomb, such as location, area, etc., force majeure clauses, dispute resolution, personal signatures of both parties and the date of signing, etc.
Legal basis: Article 596 of the Civil Code of the People's Republic of China The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement methods, words used in the contract and its effectiveness, etc.
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Legal analysis: 1. The name and ID number of Party A (seller) and Party B (buyer).
2. After mutual negotiation between Party A and Party B, this agreement is reached on the purchase of the cemetery for both parties to abide by.
Article 1: Both parties must strictly abide by the regulations and requirements of the state and management departments at all levels on funeral reform.
Second, how many acres of cemetery area. After signing the agreement, Party B shall pay a one-time cemetery fee to Party A, and Article 3, Party A guarantees that the cemetery does not have any land ownership disputes and other economic disputes before the signing of this contract, otherwise Party A shall be responsible for all losses caused to Party B. Party B warrants that the scope of use of Party B shall not exceed the scope of the purchased land, otherwise Party B shall be responsible for any disputes and losses caused.
Article 4 Dispute Resolution: In the event of any dispute between the parties to this Agreement over the interpretation or performance of the relevant provisions of this Agreement, it shall be resolved through friendly negotiation. If no written agreement is reached after negotiation, either party has the right to file a lawsuit with the people's court with jurisdiction.
Article 5 This Agreement shall be executed in duplicate, one copy of which shall be held by both parties and shall come into force after being signed by both parties.
Legal basis: Regulations on the Administration of Funerals (2012 Amendment).
Article 5: In areas where cremation is practiced, the State advocates the disposal of ashes by depositing ashes and other methods that do not occupy or occupy less land. The people at the county level and the people of districted cities and autonomous prefectures shall formulate specific plans for the implementation of cremation, and include the construction and renovation of funeral homes, crematoriums, and columbariums in urban and rural construction plans and capital construction plans.
In areas where burial is permitted, the people at the county level and the people of districted cities and autonomous prefectures shall include the construction of cemeteries in urban and rural construction plans.
Article 9: No unit or individual may build funeral facilities without approval.
Public interest cemeteries in rural areas must not provide land for graves to persons other than villagers.
It is forbidden to establish or restore clan cemeteries.
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