Can I ask for the transfer of ownership under the contract of sale and purchase of the house without

The third article of the interpretation of the sales contract is aimed at such a situation: for example, someone intends to acquire a property, so you know, you first signed a contract with this person, saying that I sold this house to you, and then you secretly ran to the owner to buy the house afterwards, and then someone felt that the house price was not only bought, but also went to the court to say that when I bought this house and signed the contract, you had no ownership at all, and you had no right to dispose of it, so the contract was invalid. In this case, the court will say whether there was ownership at the time of the conclusion of the contract does not affect the validity of the contract.

This is a different situation from Article 51 of the Contract Law, which is why the interpretation particularly emphasizes that at the time of the conclusion of the contract, that is, there was no right of disposition in the first place, but later there was one, and the validity of the contract was not affected. In fact, if you briefly analyze it, if you don't have the right to dispose of it after the fact, why do you have to repeat the provisions of the Contract Law for the sales contract? Just because in the trading habits, many people are empty gloves white wolves, sign the contract first and then purchase, all the time in order to protect the security of the transaction, this special provision is made.

For example, in the right of expectation in inheritance, the son agreed with someone to sell part of the inheritance before the death of the father, and the son did get the inheritance after the death of the father, so should the contract continue to be performed?

Hello, according to the relevant provisions of the Contract Law, the contract for the sale and purchase of a house signed between the person without the right of disposition and another person is a contract with pending validity, which is neither invalid nor valid.

If more details could be given, more detailed information could be made.

1. Is the sales contract valid without the right to dispose of it?

1. The sales contract is valid without the right to dispose of it. However, if the contract cannot be performed because the seller has not obtained the ownership or right to dispose of the subject matter, the buyer may require the seller to bear the liability for breach of contract or demand to terminate the contract and claim damages.

2. Legal basis: Article 597 of the Civil Code of the People's Republic of China.

If the seller has not obtained the right of disposition and the ownership of the subject matter cannot be transferred, the buyer may terminate the contract and request the seller to bear the liability for breach of contract. Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

2. What are the provisions of the Law on the Validity of Sales Contracts without the right to dispose of?

The Law on the Validity of Sales Contracts Without the Right to Dispose of Disposal stipulates 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 is valid;

The subject matter of the sale shall belong to the seller or the seller shall have the right to dispose of it. Where laws and administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions in accordance with the nuclear law;

In accordance with the relevant laws and regulations, if the seller enters into multiple sales contracts for the same subject matter, and the buyer is unable to obtain the ownership of the subject matter in accordance with the contract, and requests that the seller be held liable for breach of contract, the people's court shall support it;

Unless otherwise provided by law or otherwise agreed in the contract, a contract concluded 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;

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 transferring the immovable or movable property;

2. Reasonable transfer;

3. The transferred immovable or movable property that shall be registered in accordance with the law has been registered, and the transfer that does not need to be registered has been delivered to the transferee. If the transferee obtains the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation for losses from the owner of the re-auction without disposition. Where a party obtains other real rights in good faith, refer to the provisions of the preceding two paragraphs.

Legal analysis: the contract for the sale and purchase of the house signed without the right to dispose of it is valid.

Legal basis: Interpretation of the Supreme People's Court on the Application of Law in the Trial of Sales Contract Cases Article 3 Where one of the parties claims that the contract is invalid on the ground that the seller does not have ownership or right to dispose of the subject matter at the time of 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.

In other words, the contract for the sale and purchase of the house signed between the person without the right to dispose of the property and the buyer is valid, but the purpose of the contract cannot be achieved.

Civil Code of the People's Republic of China

Article 215:Unless otherwise provided by law or otherwise agreed by the parties to a contract for the creation, modification, transfer or extinction of real property rights, the registration of real rights shall not affect the validity of the contract if the real rights are registered at the time of the conclusion of the contract.

Article 311:Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover the ownership of the immovable or movable property except as otherwise provided by law, and the transferee acquires ownership of the immovable or movable property in 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 immovable or movable property transferred shall be registered in accordance with the provisions of the law, and the one that does not need to be registered has been delivered to the transferee.

Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.

1.The transferee is acting in good faith when he acquires the immovable or movable property.

2.Macro Chunge transfer at a reasonable price.

3.The transferred immovable property has been registered in accordance with the law.

1. The process of buying and selling houses.

The process of buying and selling a house is as follows:

1.Find out**: Find out how house prices are trending and the average market price.

2.Listing and redemption: entrust an intermediary to list **or publish ** information yourself, pay off the loan in advance and release the mortgage.

3.Buyer's consultation: The buyer expresses his intention to buy and inspects the property on the spot.

4.Property verification: Go to the real estate transaction center to go through the property verification to ensure the security of the transaction.

5.Sales negotiation: The buyer and seller negotiate on issues such as housing prices.

6.Pay the deposit and sign the contract: The buyer pays the deposit to the seller and signs the deposit contract or the sales contract.

7.Mortgage application: The seller assists the buyer in going to the bank to apply for a mortgage.

8.Handover: handover of water, electricity, property, TV, ** and other expenses, and finally hand over the key.

2. What is the tax rate for the sale and purchase of houses?

The tax rate for the purchase and sale of a house depends on the specific type of tax

1.The rates of urban maintenance and construction tax are as follows:

1) If the taxpayer is located in an urban area, the tax rate of Zobinai is 7%;

2) If the taxpayer is located in a county or town, the tax rate is 5%;

3) If the taxpayer's location is not in the urban area, county seat or town, the tax rate is 1%.

2.The deed tax rate is 3% to 5%. Provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the procedures provided for in the preceding paragraph, determine differential tax rates for the transfer of ownership of different entities, different regions, and different types of housing.

3.The rate of stamp duty is:

The validity of the sales contract signed without the right to dispose is to be determined, and it is effective after the right holder recognizes it or the person without the right to dispose of it obtains the right of disposition. If the seller is unable to perform its contractual obligations, the people's court or arbitration institution may, at the request of the buyer, terminate the contractual rights and obligations, and the seller shall bear the liability for breach of contract.

1. Is the deposit agreement for the sale and purchase of a house without a real estate certificate valid?

The deposit agreement for the sale and purchase of a house meets the following conditions and is 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. However, if the ownership certificate is not registered in accordance with the law, it shall not be transferred.

If the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

2. What is an invalid contract for a housing lease?

The act of leasing without the right is an act without the right to dispose of it, and the validity of the resulting housing lease contract is a contract whose validity is to be determined, and the right to dispose of it needs to be recognized by the right holder or the person who has no right to dispose of the slippery person obtains the right to dispose of it after entering into a contract, so that the contract can take effect, otherwise it will be an invalid contract.

According to the provisions of the first paragraph of Article 171 of the Civil Code, if the actor does not have the right to **, exceeds the right of **, or after the right is terminated, he still carries out the ** act, and it is not recognized by the ** person, it will not be effective against the ** person.

3. The legal consequences of not having the right to dispose of the property.

If the person who does not have the right to dispose of the real estate is recognized by the right holder or the person who does not have the right to dispose of the property obtains the right to dispose of the property after entering into a contract, the contract shall be valid from the beginning. Where the actor has not obtained the right to dispose of it, and the right holder does not recognize it, the contract is invalid. However, the invalidity shall not be against a bona fide third party, and therefore, when the third party is in good faith, it constitutes a bona fide acquisition and the ownership of the disposed property is still obtained.

In this case, if the doctrine of the validity of the contract is constituted that the property is not entitled to dispose of the property when acquired in good faith, the solution is relatively simple for the bona fide acquirer to fulfill the obligation to pay the price, and the person who has no right to dispose of the property to return the unjust enrichment to the right holder, or even bear the liability for tort damages. If the interpretation of Article 51 is interpreted by negative inference, on the one hand, it will constitute a bona fide acquisition, and on the other hand, the contract will be invalid because the right holder does not recognize it, and the solution to the distribution of benefits will be complicated.

Civil Code of the People's Republic of China

Article 580:Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.