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The nature of someone else's sale of your house depends on the specific situation.
If it is with the consent of the seller, the seller's act of selling the house is legal. If the person violates the provisions of the contract and infringes upon the legitimate rights and interests of the person being the recipient, it is generally in the nature of civil compensation.
If the seller of the house sells the house that does not belong to him by means of fabricating facts and concealing the truth without the knowledge of the house owner, and the act of taking the proceeds from the sale of the house as an existing one, it is generally a crime of fraud.
If the latter case falls into the latter case, the sale of the house is invalid, and the owner of the house can investigate the criminal responsibility of the criminal suspect by calling the police. and can take back the house in accordance with the law.
The following are the legal provisions for the crime of fraud.
Criminal Law of the People's Republic of China
Article 266: [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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Civil disposition without authority, if you don't want to sell it, you can recover it. If you approve it, you will receive money.
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The act is a property tort and is an illegal act. Article 1165 of the Civil Code Where an actor infringes upon the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and the first Zheng cannot prove that he is not at fault, he shall bear tort liability.
Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor has made a mistake or not, and the law clearly stipulates that they shall bear tort liability, follow those provisions. Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.
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Legal Analysis: The offense of theft was constituted.
Legal basis: Criminal Law of the People's Republic of China Article 264 Whoever steals public or private property, where the amount is relatively large, or who commits multiple thefts, burglaries, thefts with a fierce grip, or pickpocketing, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 years or more imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.
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Legal analysis: It is illegal to ** his property without the consent of the homeowner, and he should bear the corresponding legal responsibility. The specific compensation standard needs to be assessed on a case-by-case basis.
Legal basis:1Article 11 of the Contract Law of the People's Republic of China: The conclusion, modification or termination of a contract shall follow the principles of voluntariness, equality, good faith and fairness.
2.Article 189 of the Property Law of the People's Republic of China: Where another person occupies the immovable property of another person, or another person occupies the public immovable property, snatches, damages, or embezzles the public property, the immovable property or public property shall be returned and the losses shall be compensated.
3.Article 243 of the "Xiyuan Criminal Law of the People's Republic of China": Whoever, for the purpose of illegal possession, fabricates facts, conceals the truth, misleads others into believing that there are no or other facts of bad trust, and defrauds others of property, is sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
To sum up, if a dispute over the sale of land ships is caused by the real estate of others without permission, the responsible person shall bear the corresponding legal responsibility in accordance with the law and compensate the homeowner for the losses arising therefrom.
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1. Impersonating others to sign and sell a house may be suspected of fraud. 2. Article 266 of the Criminal Law stipulates that the crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. 3. Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the number of years old is huge or there are other serious circumstances, the sentence is to be between three and ten years imprisonment and a concurrent fine; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Where this Law provides otherwise, follow those provisions.
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Summary. Generally, it does not constitute a crime under the Criminal Law, but under certain conditions, it may constitute a crime against property such as fraud. China's laws and regulations on the ownership of immovable property stipulate that the registered owner of immovable property shall be the legal owner.
Legal registration is a legal condition for the ownership of immovable property. Regardless of what the immovable property is, as long as it has gone through the legal registration process, the owner of the real estate is the registrant. The disposal of his property by the owner of immovable property is a lawful act and does not constitute a crime.
However, if there is a certain time lag between the registration and sale of real estate such as a house, and the time difference or other reasons are used to deliberately obstruct the registration of the transfer of real estate, and then take possession of the real estate due to another person, it may also constitute a criminal offense such as fraud.
Generally, it does not constitute a crime under the Criminal Law, but under certain conditions, it may constitute a crime against property such as fraud. China's laws and regulations on the ownership of immovable property stipulate that the owner of immovable property shall be the legal owner of the first registered property. Registration in accordance with the law is a condition for those who own the ownership of immovable property.
Regardless of what the immovable property is, as long as it has gone through the legal registration process, the owner of the real estate is the registrant. The disposal of his property by the owner of immovable property is a lawful act and does not constitute a crime. However, if there is a certain time lag between the registration and sale of real estate such as a house, and the time difference or other reasons are used to deliberately obstruct the registration of the transfer of real estate, and then take possession of the real estate due to another person, it may also constitute a criminal offense such as fraud.
My friend said he was the owner of the house and then sold the house to me and later found out that the house was not his, without my knowledge.
This is not a fraud, but the other party must infringe on the ownership of your house, if the buyer also knows that the house is not your friend's property, you can directly file a lawsuit with Judge Jianming to revoke the sales contract, if the buyer does not know, it may be according to the civil law of the bona fide acquisition system, the house sale is valid and protected by the law, you can only sue the court to ask for your friend's legal responsibility. The crest of the pants.
I'm a seller. I'm a buyer, I've bought someone else's home, and I'm not the owner who sold my home.
You can only sue the court to hold your friend legally responsible.
Go to the local electricity bureau to solve it, and the withholding bank will deal with it.
Yes, as long as the acts that occur after marriage are the joint property of the husband and wife, they should be divided into half. >>>More
Of course it matters. After the thing is sold, the transaction is completed when the thing is handed over to the person who bought it. If you sell it and don't take it away, you have the responsibility to keep it, and if you lose it, you are responsible and have to compensate.
You asked your dad directly, what did you do when you gave birth to a son? If it weren't for the fact that giving birth to a son is inheriting his father's business, then you don't give birth, you don't want my son, landlord, you must not be silent, you must fight bravely! Otherwise, your dad's things are not yours, your dad is crazy, you can't be crazy, even if you quarrel with your parents, if you make your dad change his mind, then everything is worth it, I have had this kind of incident, I just keep fighting, and now it's finally stable! Come on.
Dreaming that someone else took my eggs away and I am coming back again?