Land transfer contract dispute 100

The reply is as follows: 1. Do you have the right to contract and manage the land in circulation?

2. There are many ways to transfer land contract management rights: transfer, lease, exchange, subcontracting, and other means. Which way do you transfer your land?

3. If it is a transfer or exchange, it will lead to a change in the subject of land contracting and management rights; In the case of leasing or subcontracting, the subject of land contracting and management rights remains unchanged, and the object of compensation involving land contracting and management rights is the entity enjoying the management rights. Of course, if the user of the transferred land has a legitimate and actual economic investment in the land, the user is also entitled to receive corresponding compensation for the part of the input.

4. Legal basis.

Article 32 of the Rural Land Contracting Law of the People's Republic of China: The right to contract and operate land obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring or other means in accordance with law.

Article 16 of the Rural Land Contract Law of the People's Republic of China: The contracting party enjoys the following rights: (1) the right to use the contracted land, the income and the circulation of the land contract management right in accordance with the law, and the right to independently organize production and operation and dispose of products; (2) Where the contracted land is expropriated, requisitioned, or occupied in accordance with law, it has the right to receive corresponding compensation in accordance with law; (3) Other rights provided for by laws and administrative regulations.

The land circulation contract is not a lease, but a subcontract, you have signed a circulation contract, the land has been subcontracted to others, the other party has obtained the right to contract the use of the land, and now the land has been expropriated, you have no right to ask for any compensation.

I wonder what you mean by unscrupulous means? If you were coerced into signing the contract involuntarily, as long as you can prove it, the contract is invalid and you can get the land back.

Legal analysis: In resolving disputes over land transfer contracts, the parties may negotiate privately in advance, and if the negotiation fails, they may apply for arbitration or file a civil lawsuit in accordance with the agreement in the land transfer contract; The parties shall perform on legally effective judgments, arbitral awards, or mediation documents, and may request the people's court for enforcement if they refuse to perform.

Legal basis: Arbitration Law of the People's Republic of China Article 2 Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated. Hu.

Civil Procedure Law of the People's Republic of China

Article 122:Where parties sue in a civil dispute brought to the people's court, where mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inspect and sell the property that is suspected of sealing, seizing, freezing, auctioning, or selling the part of the property that the person subject to enforcement shall perform the obligation. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Legal analysis: Regarding land transfer contract disputes, if they can be resolved through negotiation, it is recommended to resolve them through negotiation. If the negotiation fails or is unwilling to negotiate, then the mediation committee set up in the local village committee can be used for mediation.

If both parties are unwilling to mediate, they can file a lawsuit with the local people's court, and the court will make a judgment on the dispute after accepting it.

To resolve disputes over land transfer contracts, the parties may first negotiate privately, and if the negotiation fails, they may apply for arbitration or file a civil lawsuit in accordance with the provisions in the land transfer contract; The parties shall perform on legally effective judgments, arbitral awards, or mediation documents, and may request the people's court for enforcement if they refuse to perform.

Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 122 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 244.

Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Hello, on the question of "rural land circulation contract disputes", my answer is as follows: an invalid rural land circulation contract refers to a circulation contract that violates laws and regulations and has no legal effect. An invalid circulation contract is not protected by law from the moment it is concluded.

However, the parties should bear the legal consequences arising therefrom. Although the Regulations on the Administration of Rural Collective Economic Contracts in Hubei Province stipulate the confirmation of invalid contracts in six aspects, they do not include the handling of invalid contracts for the circulation of rural land in many aspects. In the investigation, we found that the reason why there are so many land disputes in rural areas is that the circulation contracts signed by the parties do not meet the requirements of laws and regulations, and the characteristics can be summarized as follows:

1. The subject of the land transfer contract is illegal. The main body of rural land circulation is the contractor. Article 34 of the Rural Land Contract Law clearly stipulates that "the main body of the circulation of land contract management rights is the contracting party, and the contracting party has the right to decide independently whether and how the land contract management rights are transferred in accordance with the law."

However, it is very common for the subject of land transfer to be unclear in rural land transfer contracts.

Hello, regarding the dispute over the transfer of rural land management rights, when the parties encounter it, they can first negotiate, if the negotiation fails, they can request the village committee or other relevant departments to mediate, if the mediation fails, then apply for arbitration or file a lawsuit with the court.