Can a small property be seized and auctioned? Can the court of small property rights seize the aucti

No, small property.

It can be seized, but because there is no title deed for small property rights.

Therefore, its property rights are not protected by national laws. Therefore, if it is seized, there is no way to trade or auction. Of course, it is okay to settle the account privately, but there is still a risk because there is no property rights protection.

Distinction of property rights

Those that are issued by the state are called "large property right houses", and those that are not issued by the state are called "small property right houses". The dispute between large and small property rights is not the ownership of the house, but the right to use the land. There are three main interpretations of petty property rights:

1. For the property rights of the developer, the property rights of the developers are called large property rights, and the property rights of the buyers are called small property rights, which is called because the property rights of the buyers are divided by the property rights of the developer.

2. It is based on whether the land transfer fee needs to be paid when the house is retransferred.

To distinguish, those who do not need to pay the land transfer fee are called large property rights, and those who need to pay the land transfer fee are called small property rights. According to this interpretation, ordinary commercial housing is large property right housing and affordable housing.

It's a small property.

3. It is distinguished according to the issuing authority of the property right certificate, the state issues the property right certificate called the large property right, the state does not issue the property right certificate, and the certificate issued by the township ** is called the small property right, also known as the township property right, and the township property right does not constitute the real legal sense of property rights.

The first two interpretations of small property rights are legal, and they can be freely bought and sold as long as the purchase price is paid in full, or the land transfer fee is paid at the time of transfer, and the legal provisions are relatively clear. However, the legal nature of small property rights in the third interpretation is quite controversial, and it is impossible to obtain a real legal property right certificate.

"Small property right house" is not a legal concept, it is just a conventional title formed by people in social practice. At present, the so-called "small property right house", also known as "township property right house", refers to the real estate issued by the township ** rather than the state. Therefore, "small property rights" are actually "township property rights" and "collective property rights", which do not really constitute property rights in the strict legal sense.

To put it more bluntly, "small property rights houses" are the construction of new rural areas by some village collective organizations or developers.

and other nominal houses, built on collective land or "commercial houses" built by the peasants themselves.

At present, there are two kinds of "small property right houses" and "township property right houses": one is built on collective construction land, that is, "homesteads."

The houses built on the village belong only to the collective owners of the village, and the peasants from other villages cannot buy them at allThe other is to use land for collective enterprises or occupy cultivated land.

Illegal construction.

Compared with commercial housing in the general sense, "small property right housing" does not have the concept of land transfer money, and there is no crazy profit grabbing by developers, so the ** of "small property right housing" is generally only 1 3 or even lower than that of commercial housing in the same area. "Cheapness" is the fundamental reason why a large number of urban residents buy "small property rights" at the risk of property rights.

No. Banks or courts cannot seize and auction small property rights. Because the small property right house is prohibited by the law, the small property right house can not apply for the real estate certificate, although the occupant spent money to buy the house, but can not apply for the property certificate, so it is impossible to confirm its ownership, so it cannot be seized and auctioned.

If a small property right house can be sealed, it should not be auctioned, because it is a collective asset and the individual has no right to dispose of it.

Small-scale properties cannot be auctioned.

As long as he does commit illegal acts, and the end result is demolition.

Legal Analysis: The court cannot seize the property with small property rights. Although the occupant spent money to buy the house, he could not apply for the property certificate, so it could not confirm its ownership, so the court could not seal it.

Legal basis: "Land Management Law of the People's Republic of China" Article 10 Rural homesteads are collectively owned, villagers only enjoy the right to use the homesteads, and the sale and purchase of houses sold by farmers to urban residents is not recognized and protected by law, that is, they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates. Therefore, the small property right house cannot be transferred or replaced by a third party who is not a member of the collective, and can only be transferred and replaced within the members of the village collective.

Legal Analysis: Small property rights are also the legal property of citizens, and state organs, including courts, have no right to dispose of them at will. If the court wants to auction the seized small property right house, it must have an effective judgment, ruling or notarial deed and other legal procedures, otherwise it has no right to auction.

Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 39 Where the land use right is obtained by way of transfer, the following conditions shall be met when transferring the real estate:

1) In accordance with the transfer contract, all land use right transfer fees have been paid, and the land use right certificate has been obtained;

2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.

Legal Analysis: Small property rights cannot be seized by the court. Small property rights housing refers to the construction of houses on rural collective land, without handling relevant documents, not paying land transfer fees and other fees, and its property rights certificate is not issued by the national housing management department, but by the township ** or village, also known as "township property rights house".

"Small property right house" is not a legal concept, but a conventional title formed by people in social practice. The purchase contract will not be filed with the Land and Housing Authority.

Legal basis: Article 102 of the Criminal Procedure Law of the People's Republic of China: When necessary, people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to adopt preservation measures.

The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.

Legal Analysis: Small property rights can be seized, but because small property rights do not have a property ownership certificate, their property rights are not protected by national law. Therefore, if it is seized, it cannot be traded or auctioned.

Legal basis: Article 304 of the Civil Code of the Contract Law of the People's Republic of China The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided.

Where the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.

Courts can seize small property rights, which are usually houses built for sale on land owned by peasant collectives in rural and suburban China. Since the transfer of the right to use the collective land does not pay the land transfer fee and other fees, this kind of housing cannot obtain the property right certificate issued by the state housing management department, but is issued by the township ** or village committee.

Legal analysisAccording to the relevanceLaws and RegulationsIt is stipulated that movable property in the possession of the person subject to enforcement, immovable property registered in the name of the person subject to enforcement, specific movable property and other property rights may be sealed, seized and frozen. For unregistered buildings and land use rights, the ownership shall be determined on the basis of the approval documents of the land use rights and other relevant evidence. Where a third party confirms in writing that the movable property or immovable property, specific movable property, or other property rights registered in the name of a third party belongs to the person subject to enforcement, the people's court may seal, seize, or freeze the movable property in the possession of a third party.

This type of house does not have a land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the Land and Housing Administration. The so-called property right certificate is not a real legal and valid property right certificate. At present, the state is cracking down on small property rights, some places have begun to carry out legal demolition of small property rights, small property rights are risky to buy and sell, whether the house is a small property right house or not, the house itself has a certain value, in order to force the repayment of the debt you owe, the court executive bureau is entitled to seizure, and auction in accordance with legal procedures.

Legal basis"Law of the People's Republic of China on the Administration of Urban Real Estate" Article 38 The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal Analysis: The court cannot seize the property with small property rights. Although the occupant spent money to buy the house, he could not apply for the property certificate, so he could not confirm his ownership, so the court could not seal it.

Legal basis: "Land Management Law of the People's Republic of China" Article 10 Rural homesteads are collectively owned, villagers only enjoy the right to use the homesteads, and the sale and purchase of houses sold by farmers to urban residents is not recognized and protected by law, that is, they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates. Therefore, the small property right house cannot be transferred or replaced by a third party who is not a member of the collective of the party, and can only be transferred and replaced within the members of the village collective.