The laws and regulations on the sale and purchase of houses, and how to recognize the validity of th

Updated on society 2024-03-12
7 answers
  1. Anonymous users2024-02-06

    The determination of the validity of the key to the sale of a house is as follows: the parties have the ability to write proof, the expression of intention is voluntary and true, and does not violate national laws and regulations and the public interest; Malicious collusion, fraudulent or coercive means to conclude a contract, and a lawful form to conceal an illegal purpose shall be invalid.

    [Legal basis].Article 143 of the Civil Code.

    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 146.

    Civil juristic acts in which the actor and the counterpart make false representations of intent are invalid.

    Article 153.

    Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

    Article 154.

    A civil juristic act in which the perpetrator maliciously colludes with the other party to harm the lawful rights and interests of others is invalid.

  2. Anonymous users2024-02-05

    It is a valid contract if it is the true will of both parties (persons with full capacity for civil conduct) and does not violate the mandatory provisions of the law. A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

    Article 502 of the Civil Code of the People's Republic of China is the same as that of a joint search established in accordance with law, and shall take effect at the time of establishment, except as otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

    If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification of the contract, the transfer of hail leaks, the transfer of codes, the termination of the contract, and other circumstances shall be completed.

  3. Anonymous users2024-02-04

    The Civil Code stipulates that the conditions for determining the validity of a housing sales contract are as follows: the housing sales contract is genuinely intended by the parties; The parties to the housing sales contract are persons with corresponding civil capacity; The contents of the house sales contract shall not violate laws and regulations or public order and good customs; The form of the house sale contract meets the relevant legal requirements; Other statutory valid conditions, etc. Article 143 of the Code of Civil Juristic Acts that meet the following conditions is 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 469:The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

    Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

  4. Anonymous users2024-02-03

    The Civil Code stipulates that a housing sales contract is valid if it meets the following requirements: the parties are persons with corresponding civil capacity; The parties' intentions are genuine; The content of the housing sales contract shall not violate the mandatory provisions of laws, regulations or administrative regulations or public order and good customs; Other statutory requirements, etc.

    Legal basis] Article 143 of the Civil Code.

    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 469.

    The parties may conclude a contract in written, oral or other forms.

    The written form is the form in which the contents of the contract, letter, telecommunication briefing, telex, fax, etc. can be tangibly expressed.

    Data messages that can be physically expressed in electronic data interchange or dress-up, e-mail, etc., and can be accessed at any time, shall be deemed to be in writing.

  5. Anonymous users2024-02-02

    The house sale contract is valid if it meets the conditions for the contract to take effect, and if it does not meet the conditions for the co-housing to take effect, it is invalid.

    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.

  6. Anonymous users2024-02-01

    Legal analysis: As long as the house sale and purchase agreement is a true expression of intent and does not violate laws and regulations, it is legal and valid and protected by law. The contract shall be invalid under any of the following circumstances:

    1) One party concludes a contract by means of fraud or coercion, harming the interests of the state; (2) Malicious collusion to harm 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.

    Article 595 of the Civil Code of the People's Republic of China: A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

    Article 596: The content of the contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement method, text used in the contract and its effect, etc.

    Article 143: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.

  7. Anonymous users2024-01-31

    The contract for the sale and purchase of a house signed in accordance with the law is legally valid and protected by law.

    The Contract Section of China's Civil Code stipulates that a contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.

    Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

    1. Does the Civil Code stipulate that the purchase contract has legal effect?

    The purchase contract established in accordance with the law has legal effect, and the relevant laws of our country stipulate that the contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Contracts established in accordance with the law are protected by law.

    Article 465 of the Civil Code stipulates that contracts established in accordance with law shall be protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

    2. Is the intermediary agreement protected by law?

    Intermediary agreements are protected by law. A contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.

    As long as the agreement is established in accordance with the law, it is protected by law. An intermediary agreement, also known as an "intermediary service contract", refers to a negotiation in which the intermediary provides an opportunity or introduction for the client to enter into a contract with a third party at the request of the client, and the client must pay the agreed remuneration to the intermediary.

    3. Whether the contract for the sale and purchase of a small property right house is valid.

    The contract for the sale and purchase of houses with small property rights signed in accordance with the law shall be protected by law and shall not be affected by law. According to the provisions of the relevant laws of China, a contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.

    Contracts established in accordance with the law are protected by law.

    Article 465 of the Civil Code stipulates that contracts established in accordance with law shall be protected by law.

    A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Related questions
13 answers2024-03-12

First, when the two parties sign the contract, the contract is formed and takes effect; >>>More

6 answers2024-03-12

The deed tax can be deducted from the purchase and sale of a house, but it needs to be differentiated according to the following circumstances: >>>More

6 answers2024-03-12

Boss. You are offering a reward of 500 yuan, and no one can help you solve it. >>>More

7 answers2024-03-12

Legal analysis: property management refers to the activities of the owner through the selection of property service enterprises, and the owners and property service enterprises repair, maintain and manage the housing and supporting facilities and equipment and related sites in accordance with the property service contract, and maintain the environmental sanitation and related order in the property management area. The state advocates that owners choose property service enterprises through an open, fair and just market competition mechanism. >>>More

5 answers2024-03-12

Guidelines for the Conduct of Controlling Shareholders and Actual Controllers of Listed Companies on the Shanghai ** Stock Exchange >>>More