Is it okay for the original owner to call the police if he doesn t vacate the house?

Updated on society 2024-07-14
10 answers
  1. Anonymous users2024-02-12

    Hello dear, glad for your question.

    Legal Analysis: No. ** It is not necessary to intervene in civil economic disputes, and civil means can be carried out to protect their rights and interests.

    Legal basis: Article 2 of the Civil Procedure Law of the People's Republic of China The task of the Civil Procedure Law of the People's Republic of China is to protect the parties in exercising their procedural rights, ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, hear civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.

    Article 233 of the Civil Code of the People's Republic of China Where property rights are infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.

  2. Anonymous users2024-02-11

    Hello, if the original landlord does not vacate the house, in principle, it is a civil dispute, and it can protect its legitimate rights and interests according to the agreement of the house sale and purchase contract in accordance with the law.

    Calling the police does not solve the root problem, and it is recommended to call the police if there is a real possibility of conflict.

  3. Anonymous users2024-02-10

    Legal Analysis: Yes. Now that the house has been completed, you can ask the other party to vacate the house immediately.

    If you don't move out, you can call the police to deal with it, and if the treatment is fruitless, you can sue the court to vacate the house and ask the other party to compensate for the loss. If the negotiation fails, find a way to collect relevant evidence, and then go to the court to file a lawsuit.

  4. Anonymous users2024-02-09

    If it is a dispute involving the sale and purchase of a house, and the original owner does not vacate the house, this is a typical economic dispute, and the way of calling the police cannot be solved at all, in this case, it can only be recommended to negotiate and mediate with the other party first, if the negotiation and mediation can not be effectively handled, then it can only be applied for enforcement through the way of court litigation, and finally resolved.

  5. Anonymous users2024-02-08

    Traditional culture is developed in the form of a nation. In the process of its emergence and development, the national language, national character, national spirit, customs, traditions and morals, lifestyles and social relations formed by a nation constitute the characteristics of traditional culture.

    Tradition is composed of complex history, which is a combination of factors and characteristics such as economy, culture, psychology, art, morality, and social organization forms that have been generated, accumulated, and stabilized in the historical process of practice by people in a certain region and a certain social life community, and contains certain values. The language, religion, spirituality, morality, art, and national temperament in the social life community constitute various traditional cultures, indicating the influence of a traditional culture, showing a relatively independent development in sports activities, and reflecting strong national characteristics.

    Common economic life is the premise of national characteristics, and it is also the basic condition for traditional sports to have their own characteristics. Herdsmen are good at riding, and hunting people are good at bows and crossbows; The north likes to skate on ice and snow, and the south likes water and boating, these are all rich and colorful traditional projects formed through long-term joint labor. Today, these national sports activities, which are so small and limited, have embarked on the track of internationalization and will become an indispensable landscape of sports culture in the 21st century.

    The common psychological factors manifested in a common culture are the spiritual reflection of a nation's material living conditions, historical development, and characteristics of its geographical environment, and can also be called national character or common psychological state. It is embodied in the living customs, lifestyles and religious activities of the nation. The influence of traditional sports on sports is mainly manifested in the things common to people of a certain nation or class in a certain era, such as psychological states, ways of thinking, social customs, human feelings, etc., once formed, they will penetrate into all aspects of social life.

    China's folk sports such as dragon boat rowing and shuttlecock kicking, Spanish bullfighting, Japan's sumo, Thailand's Muay Thai, etc., are all sports that can reflect the national character, fully reflecting the national character brought by traditional culture to sports.

  6. Anonymous users2024-02-07

    Yes, if there is a contract in advance, you can call the police if you don't vacate the house.

  7. Anonymous users2024-02-06

    Legal analysis: If the transferor does not vacate the house to the transferee as agreed after the sale, the transferee may file a lawsuit with the court, and if the transfer fails to perform the judgment, the transferee may apply to the court for enforcement.

    Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

    The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

    Article 250 of the Civil Procedure Law of the People's Republic of China: Where a person is forced to move out of a house or forcibly withdraw from a land, the court president is to sign a public notice ordering the person subject to enforcement to perform within the specified period. If the person subject to enforcement fails to perform within the time limit, the executor shall enforce it. At the time of compulsory enforcement, if the person subject to enforcement is a citizen, the person subject to enforcement or his adult family members shall be notified to appear; Where the person subject to enforcement is a legal person or other organization, their legally-designated representative or principle responsible person shall be notified to appear.

    Where they refuse to appear, enforcement is not impacted. Where the person subject to enforcement is a citizen, their work unit or the basic-level organization where the house or land is located shall send people to participate. The executive shall record the situation of compulsory execution in the record, and the person present shall sign or affix a seal.

    The people's court is to appoint someone to transport the property that has been forcibly removed from the house to the designated place and hand it over to the person subject to enforcement. If the person subject to execution is a citizen, it can also be handed over to his adult family members. The losses caused by the refusal to accept shall be borne by the person subject to enforcement.

  8. Anonymous users2024-02-05

    Legal Analysis: It is a civil dispute, and the public security organ will generally not deal with it, but can sue to vacate the house and pay the rent during the illegal occupation of the house.

    Legal basis: Article 459 of the Civil Code Where the possessor causes damage to the immovable or movable property due to the use of the immovable or movable property in his possession, the malicious possessor shall be liable for compensation.

  9. Anonymous users2024-02-04

    1. Can the old owner call the police if he doesn't move?

    You can call the police. If the property right transfer has not been carried out, the property right still belongs to the original property owner, and the transfer has been successful, and the owner belongs to you, you can request the other party to move out in time according to the agreement in the sales contract, and you can apply to the court for enforcement after the deadline. The State implements a registration system for immovable property, stipulating that the property rights of housing belong to the registrant of the real estate certificate, and the rights and interests are protected by law.

    Any agreement and notarization does not represent a transfer of property rights. As long as there is no transfer of ownership, the house is still legally owned by the original owner. The State implements a registration system for immovable property, stipulating that the property rights of housing belong to the registrant of the real estate certificate, and the rights and interests are protected by law.

    2. What should I do if the original head of household does not move out.

    If the original head of household is reluctant to move out of the household registration, the following methods can be solved:

    1. The buyer shall apply to the police station to move into the household registration with the property right certificate and the house sale contract; Then replace the head of the household in the household register directly with the buyer; The household registration of the original owner is still retained, but it is no longer the head of the household, and it has become a dependent household.

    2. The original owner shall apply for moving the household registration to the community collective household with the household registration book and the housing sales contract. However, this requires the cooperation of the original owner himself, because the public security organs cannot force the relocation of the household registration at present.

    3. Compensation for liquidated damages according to the contract.

    If the seller is unable to move out of the house in time, the buyer will not be able to settle in the house purchased.

    3. Ways to avoid disputes between heads of households.

    Therefore, in order to avoid similar disputes, the following points can be used to prevent them:

    1. Household registration verification.

    Before signing the contract for the sale and purchase of second-hand houses and applying for transfer registration with the real estate transaction registration management department, the buyer should go to the police station where the house is located for verification in person or by entrusting a real estate agency. Some ** parties promise not to have a hukou, but they should still go to the police station for verification. In addition to verifying the authenticity of the commitment of the first party, this can also prevent other people's hukou from not moving.

    2. Clarify the time of moving out of the household registration and the liability for breach of contract.

    If the verification results show that there is a hukou, a hukou migration clause, a breach of contract liability clause and a judicial remedy clause should be set in the housing sales contract.

    3. If the household registration cannot be moved, the contract will be terminated.

    For the buyer who moves in the household registration as the main purpose of buying a house, it can be stipulated in the "Supplementary Agreement" of the contract that if the first party is unable to move out of the household registration due to special reasons, the buyer has the right to unilaterally terminate the purchase, and the buyer has paid the purchase price The seller shall be refunded in full, so as to protect the rights and interests of the buyer.

  10. Anonymous users2024-02-03

    This is a civil dispute and will not be handled by the public security organs.

    First of all, the two parties can negotiate, and if the negotiation fails, they should find a way to collect evidence in a timely manner, and then file a lawsuit with the people's court, demanding that the original owner vacate the house and pay the rent during the period of illegal occupation of the house.

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