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Anonymous users2024-02-08Article 3 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts: If one of the parties claims that the contract is invalid on the ground that the seller does not have the ownership or right to dispose of the subject matter at the time of the conclusion of the contract, the people's court shall not support it. Where the ownership of the subject matter cannot be transferred because the seller has not obtained ownership or the right to dispose of it, and the buyer demands that the seller bear liability for breach of contract or rescind the contract and claim damages, the people's court shall support it.
Analysis: Not contradictory. In a sales contract, the failure of the transferor (a person without the right of disposition) to obtain the right of disposition at the time of conclusion of the contract does not affect the validity of the contract.
As long as it subsequently obtains the right to dispose of the subject matter, the contract is valid, and the buyer may not find the contract invalid on the ground that the transferor (the person without the right of disposition) did not obtain the right of disposition at the time of the conclusion of the contract. However, if the transferor cannot be exclusive to the subject matter because he has not obtained the right of disposition, the purpose of the sales contract cannot be realized. According to Article 94 of the Contract Law, if one of the parties delays the performance of its contractual obligations and the purpose of the contract cannot be realized, the other party has the right to unilaterally terminate the contract.
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Anonymous users2024-02-07There is no conflict, it may be that there is a bias in personal understanding.
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Anonymous users2024-02-06The Contract Law has now become invalid, and the original Article 51 stipulates that if a person without the right of disposition disposes of the property of another person, and obtains the right of disposition after being recognized by the right holder or after the person without the right of disposition enters into a contract, the contract is valid. Article 3 of the Interpretation of the Sales Contract stipulates that if the buyer refuses to accept the over-delivered part of the subject matter, it may take custody of the part of the subject matter on behalf of the buyer, and may claim that the seller shall bear the reasonable expenses of the custody period on behalf of the buyer.
[Legal basis].
Article 311 of the Civil Code.
If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:
1) The transferee is bona fide when it transfers the immovable or movable property;
b) transfer in a reasonable manner;
3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the defective property that does not need to be registered shall be delivered to the transferee.
Article 3 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts.
According to Article 629 of the Civil Code, if the buyer refuses to accept the over-delivered part of the subject matter, it may take custody of the over-delivered part of the subject matter on its behalf. Where the buyer claims that the seller bears the reasonable expenses for the period of custody, the people's court shall support it.
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Anonymous users2024-02-05Legal analysis: Article 51 of the Contract Law provides that if a person without the right of disposition disposes of the property of another person, and the right of disposition is obtained after the right holder recognizes it or the person without the right of disposition enters into a contract, the contract shall be valid. Article 3 of the Judicial Interpretation of the Sales Contract provides that if one of the parties argues that the seller does not have ownership or the right to dispose of the subject matter at the time of conclusion of the contract, the people's court shall not support the invalidity of the contract.
Legal basis: Article 5 of the Civil Code of the People's Republic of China Article 103 If a person without the right to enter into a contract in the name of the person being the person has been subjected to the contract, and the person has begun to perform the contractual obligations or accepted the performance of the counterparty, it shall be deemed to be a retrospective recognition of the contract.
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Anonymous users2024-02-04Legal analysis: Article 253 of the Contract Law of the People's Republic of China is now Article 772 of the Civil Code of the People's Republic of China.
Article 772 of the Civil Code of the People's Republic of China The contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the parties.
If the contractor entrusts the main work contracted by the third party to be completed, it shall be responsible to the contractor for the results of the work completed by the third party; Without the consent of the contractor, the contractor may also terminate the contract.
The Civil Code is the first law named after the code in New China, and its promulgation also means that the current General Principles of the Civil Law, the Property Law, the Contract Law, the Guarantee Law, the Marriage Law, the Adoption Law, the Inheritance Law, and the Tort Liability Law are all "extinct".
Legal basis: Article 772 of the Civil Code of the People's Republic of China The contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the parties.
If the contractor entrusts the main work contracted by the contractor to a third party to complete, it shall be responsible to the contractor for the results of the work completed by the third party; Without the consent of the contractor, the contractor may also terminate the contract.
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