Is the house sale contract signed by Huang Xiaoming at the age of 13 valid?

<> some time ago, there was relevant news that Huang Xiaoming spent 36 million yuan to buy a house in Chaoyang District, Beijing in 2013, and has been living in it since the house was renovated, but he has not been able to transfer the ownership so far. So, what exactly is the reason for this?

The matter has to be traced back to December 2012, when actor Huang Xiaoming spent 36 million yuan to buy a house in Beijing, when Fang advocated Haolong's parents Zhang Mouyu and Xing Moumou as legal guardians to entrust Zhang Mouji (Zhang Haolong's father and friend) to handle the rental, ** and real estate mortgage and other related procedures of the property involved. In January 2013, Zhang Mouji and Huang Xiaoming signed a house sale contract, and after that, Huang Xiaoming transferred 10,000 yuan to Zhang Mouji in 7 transactions in 2013. In addition, Huang Xiaoming's 10,000 yuan of property services paid in January 2013 was offset by the remaining purchase price.

Just after the contract was signed, Huang Xiaoming renovated the house and has been living in the house ever since. However, around 2018, Huang Xiaoming asked Zhang Haolong to cooperate with the registration procedures for the transfer of house ownership, but Zhang Haolong did not want to sign the contract, and in this case, Huang Xiaoming directly sued Zhang Haolong in court.

Fang advocate Haolong said that he was only thirteen years old when he signed the house sale contract, and all the house payments paid by Huang Xiaoming were collected by ** people, and he had never seen the money at all. It is worth mentioning that Huang Xiaoming said that when he first purchased the house, he did not have the qualifications to buy a house in Beijing, so he did not go through the registration procedures for the transfer of ownership of the house involved in the case, and for the sake of transaction security, he went through the mortgage registration procedures for the purchase money of the house involved in the case. In fact, Huang Xiaoming applied for property preservation in this case and applied for the seizure of the house involved in the case, and the Beijing Chaoyang District People's Court actually waited for the seizure of the house involved in the case on April 16, 2018.

According to relevant news, the house purchased by Huang Xiaoming, a house with a total area of square meters, was sold for 36 million yuan, and the unit price was about 10,000 yuan. However, now the average price of the house has reached 10,000 yuan, and the value of the house is about 58 million yuan. Judging from this, perhaps this is the fundamental reason for Zhang Haolong's cheating.

So, is the house sale contract signed by Huang Xiaoming and Zhang Haolong valid? In fact, this sales contract is of course valid. However, since this house has been seized many times and has not been unsealed before the start of this case, Huang Xiaoming's claim for registration of ownership transfer is a lawsuit that cannot be performed in fact and has not been supported by the court.

After this news spread to the Internet, it also sparked heated discussions, and some netizens said: "This family is simply helpless, knowing that they are celebrities, and now that the price of the house has risen, they refuse to transfer the ownership, this kind of behavior is really despicable." Some netizens also said:

I think 36 million is just a small amount of money for Huang Xiaoming. ”

Void. Because a 13-year-old is a minor and legally a person with limited capacity, any contract entered into is null and void.

According to the court's certificate, the housing contract purchased by Huang Xiaoming this time was valid, but because the house had been sealed by the court many times, it did not enter the unsealing procedure, resulting in the inability to complete the transfer procedures for the house.

Invalid, because the age of 13 is not yet an adult, it cannot become the object of legal binding, and the precondition for the validity of the contract is that the signatory must be the legally binding object.

Generally speaking, it should have no effect, because he was not completely responsible for his ability at that time.

The law stipulates that minors between the ages of 16 and 18 who can earn their own money can have the right to make their own decisions, while the age of 13 has not yet reached the age of 13.

According to the civil judgment issued by the Chaoyang District People's Court of Beijing, it can be seen that the case of Huang Xiaoming's dispute over a housing sales contract has been decided, and the court has determined that the contract involved in the case should be legal and valid in accordance with the law.

Film and television star Huang Xiaoming has attracted the attention of many people who eat melons because of the dispute over the housing sales contract, and we can learn more details about this dispute by carefully studying the judgment published on the court information network. It is reported that Huang Xiaoming, as the buyer, signed a house sale contract with Zhang Mouji, the seller's entrusting person, in January 2013 and decided to purchase the property involved in the case. At that time, Zhang Haolong, the actual real estate registrant of the property (that is, the owner of the house), was only 13 years old, and Zhang Mouji was entrusted by the legal guardian of the owner to obtain the relevant rights to handle the leasing and sale of the property on his behalf.

Because he had not yet obtained the qualification to purchase a house in Beijing at that time, after signing the sales contract, although Huang Xiaoming paid a total of 36 million yuan to Zhang Mouji in 7 installments, he did not complete the actual real estate registration procedures, and only temporarily restricted the ownership of the property in the form of a separate mortgage contract. In 2019, Huang Xiaoming contacted Zhang Mouji many times when he was already qualified to buy a house in Beijing, asking for assistance in handling the real estate transfer procedures of the real estate involved in the case, but the other party shirked and refused to cooperate for various reasons, which led to a lawsuit and was sued by Huang Xiaoming in court.

When the Beijing Chaoyang District People's Court heard the case, Haolong, the owner of the property involved in the case, put forward two defenses. First, he believed that he was only 13 years old when the sales contract was signed, and he was still a person with limited civil capacity, and his authorization to Zhang Mouji was invalid; The second is that he has not received the 36 million yuan transferred by Huang Xiaoming after the sale of the property, and the contract has not been actually performed, and he does not agree to transfer the house.

Theoretically, the two defenses put forward by Zhang Haolong may indeed have an impact on the determination of the validity of the contract, but after a comprehensive assessment, the court still held that the contract was valid in accordance with the law. So far, Huang Xiaoming can be regarded as taking up the law to defend his own legitimate rights and interests. Although the property is still in a state of seizure, and Huang Xiaoming's litigation request to complete the transfer procedures cannot be fulfilled in fact, at least one day in the future, he can use a judgment to protect his income.