Is a house actually occupied by agreement protected by law? 5

Houses that are actually occupied by agreement are protected by law. According to the relevanceLaws and Regulations

The signed agreement is a personal act and should be executed after it is signed. As long as both parties agree and the intention is true, it is a real contract and has legal effect.

Legal analysis

The agreement is a written material signed by two or more parties to the cooperation in social life after reaching an agreement through mutual consultation in order to protect their respective legitimate rights and interests. An agreement is a type of contractual instrument. It is a legally effective documented application document signed by two or more parties after reaching an agreement through negotiation in order to resolve or prevent disputes, or to establish a certain legal relationship, and to realize certain common interests and wishes.

The purpose of entering into an agreement is to better fix the responsibilities agreed upon by both parties from the institutional and even legal perspectives. As a binding evidentiary document that can clarify each other's rights and obligations, the agreement has a binding effect on both parties (or parties), and it can supervise both parties to keep their promises and restrain rash remorse, and its role is basically the same as that of a contract. Oral agreements are invalid, and written agreements come in three forms, namely terms in the contract, independent agreements, and other written forms such as letters, telegrams, faxes, and e-mails.

Therefore, signing an agreement is equivalent to entering into a contract, which has legal effect.

Legal basis

Civil Code of the People's Republic of China Article 143: Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Provisions on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Courts》 Article 17: Where the person subject to enforcement sells all of his property that needs to be registered for transfer to a third party, and the third party has already paid part or all of the price and is in actual possession of the property, but has not yet gone through the formalities for the registration of property rights transfer, the people's court may seal, seize, or freeze it; Where the third party has already paid the full price and is in actual possession, but has not gone through the formalities for the transfer of ownership, the people's court must not seal, seize, or freeze the third party if the third party is not at fault for this.

The so-called agreement is the oral agreement between the two parties or the contract between the two parties, but if there is no third-party notarization, the agreement or agreement is basically invalid, so the key depends on whether your agreement and your corresponding contract have legal effect.

If it has legal effect, it is a property with legal protection as stipulated in the property, but if there is no basis or relevant evidence for the determination, then your agreement is useless.

And there will be no legal effect between you, so the key depends on whether the landlord's agreement is valid, and it is recommended that the landlord is in an uncertain situation.

You can find a special lawyer to consult to see if you have the corresponding legal effect, so that you can confirm who the property belongs to, and who the future use of the property belongs to?!

The duration of the agreement is protected by law. Who is the title deed. Whoever is protected by the law.

The property is subject to registration, and if the property title deed is not changed, it is still the other party's property.

The agreement is protected by law only after it is notarized by the relevant departments.

It should be protected by law.

Legal Analysis: Co-ownership agreements are valid. If a co-ownership agreement established in accordance with the law is legal and valid, the legal effect of the agreement will not be affected as to whether the house is transferred, but if the transfer is not registered, it will only have the effect of creditor's rights, and the transfer of real rights will not take effect, and the ownership will not change.

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

Article 209 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, except as otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be recorded as destroyed.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

The co-ownership agreement has the effect of a creditor's right. The lawfully established co-ownership agreement of the house is valid and does not affect the legal effect of the agreement on whether the house is transferred, but it only lacks the effect of the creditor's right and does not have the effect of transferring the real right; If the transfer registration is not completed, the ownership will not be changed.

Legal basisArticle 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

The co-ownership agreement is valid. The lawfully established co-ownership agreement of the house is legal and valid, and the legal effect of the agreement is not affected by whether the house is transferred, but if the transfer is not registered, it only produces the effect of creditor's rights, and does not have the effect of transferring real rights, and the ownership does not change.

Legal basisArticle 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it will not take effect, but the law provides otherwise. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, alteration, transfer and extinguishment of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.