Disputes over housing sales contracts, commercial housing sales contracts, and housing sales contrac

No, the most basic clause of contract law is that only the contract can be legally recognized, including the content, the person responsible for the contract, and so on.

B and C should be prosecuted as third parties.

The reply is as follows; 1. A contract is an equal agreement between the parties to establish, modify or terminate the relationship of civil rights and obligations, and one of the important features of a contract is relativity, that is, a contract can only bind the parties to the conclusion of the contract, and cannot bind a third party outside the contract.

2. A and B, B and C establish two independent housing sales contracts, and although the subject matter of the contract is the same house, their respective contractual rights and obligations cannot be mixed and substituted for each other.

3. A and B have terminated the contract, and B has the ability to repay the purchase price free of charge, so A cannot sue or claim against C because of this, and there is no contractual relationship between A and C. Since C has sold the house to B, A may consider applying to the court to take property preservation measures against the house and sue B, and ask the court to auction and sell the house if B is unable to repay the loan and perform the obligation of the effective judgment, and the proceeds can be used to repay the purchase price.

4. Legal basis:

Article 8 of the Contract Law of the People's Republic of China: A contract established in accordance with law shall be 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.

Paragraph 1 of Article 60 of the Contract Law of the People's Republic of China: The parties shall fully perform their obligations in accordance with the agreement.

According to the provisions of the Contract Law, the two parties to the contract are relative, although the purchase contract refers to the same house, because the parties to the contract are different, contract A of B and C has neither rights nor obligations in accordance with the law.

Zongheng Legal Network-Henan Yuhua Public Law Firm-Guo Jianhua lawyer.

Legal analysis: after the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution, take other remedial measures, and have the right to claim compensation for losses according to the performance and nature of the contract.

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, 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 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Disputes over housing sales contracts can be conciliated, mediated, arbitrated and sued.

1. Negotiation. The two sides relied on their own strength to compromise and make concessions to each other to resolve disputes. This method is quick and easy and calm, but the content of the negotiation should be documented in writing.

2. Mediation. The intervention of a third party induces mutual understanding and concession between the parties to the dispute, and finally resolves the conflict. When the parties to a dispute lose the basis for dialogue, it is a smart choice to seek third-party mediation.

3. Arbitration. A dispute resolution mechanism in which disputes are referred to an arbitration institution and adjudicated by them. In the final arbitration system, if one party fails to perform the arbitral award, the other party may apply to the court for enforcement.

4. Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute. Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

1. What are the ways to resolve civil disputes?

In China, there are four ways to resolve civil disputes:

1. Negotiation. The two sides relied on their own strength to compromise and make concessions to each other to resolve disputes. This method is quick and easy and calm, but the content of the negotiation should be documented in writing.

2. Mediation. The intervention of a third party induces mutual understanding and concession between the parties to the dispute, and finally resolves the conflict. When the parties to a dispute lose the basis for dialogue, it is a smart choice to seek third-party mediation.

3. Arbitration. A dispute resolution mechanism in which disputes are referred to an arbitration institution and adjudicated by them. In the final arbitration system, if one party fails to perform the arbitral award, the other party may apply to the court for enforcement.

4. Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute. Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

2. How to resolve civil disputes.

1. Negotiation. The two sides relied on their own strength to compromise and make concessions to each other to resolve disputes. This method is quick and easy and calm, but the content of the negotiation should be documented in writing.

2. Mediation. The intervention of a third party induces mutual understanding and concession between the parties to the dispute, and finally resolves the conflict. When the parties to a dispute lose the basis for dialogue, it is a smart choice to seek third-party mediation.

3. Arbitration. A dispute resolution mechanism in which disputes are referred to an arbitration institution and adjudicated by them. In the final arbitration system, if one party fails to perform the arbitral award, the other party may apply to the court for enforcement.

4. Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute. Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

Civil Code of the People's Republic of China

Article 583:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Hello, the answer to this dispute is as follows:

Question 1 Answer: In this case, the contract is divided into two parts, namely the master contract and the slave contract.

The main contract is a contract for the sale and purchase of houses, and B is a bona fide third party (that is, the third party does not know the true situation of the parties to the legal relationship, usually refers to the right holder who has registered without knowing in the illegal transaction), and the main contract is valid. If the contract is a bank loan contract, there is malicious collusion and fraud, and it can be claimed invalid, but if you want to file a lawsuit, you need to have a corresponding litigation strategy.

Question 2 Answer: Liquidated damages cannot be supported because they are obtained by a bona fide third party.

Acquisition in good faith means that after the possessor of the movable or immovable property of another person has the right to dispose of it, and illegally transfers the movable or immovable property to a third party, if the transferee acquires the movable or immovable property in good faith, he can obtain the ownership of the movable or immovable property in accordance with the law, and after the transferee obtains the ownership of the movable or immovable property, the original owner may not require the transferee to return the property, but can only request the transferor (possessor) to compensate for the loss.

Answer to question 3: The ownership of the house should belong to B, and the property right should be registered after the court judgment and sworn registration.