What are the provisions of the Property Law on forced buying and selling?

If the contract signed by forced purchase and sale violates the true intention of one of the parties, such as fraud, coercion, taking advantage of the danger of others, major misunderstanding, etc., the contract can be revoked.

The effect of a voidable contract is retroactive to the time when the contract is signed, that is, if the voidable contract is revoked, it will be invalid ab initio.

The party with the right of revocation should exercise the right of revocation immediately after knowing the reason for revocation, and the statute of limitations will not be protected by law, and the law will also protect the party who has clearly waived the right of revocation, provided that the interests of others, the collective and the state are not harmed.

Is it legal to buy and sell houses in rural areas? All the existing laws, rules and regulations on the sale and purchase of houses are only applicable in the cities, and there are basically no laws, rules and regulations specifically for the sale and purchase of houses in rural areas, so we can only find a basis according to the relevant legal provisions. According to Article 153 of the Property Law, which came into effect on October 1, 2007, it is that:

The acquisition, exercise and transfer of the right to use homestead land shall be governed by the Land Management Law and other laws and relevant national regulations. Paragraph 4 of Article 62 of the Land Administration Law stipulates that "if a rural villager sells or rents his house and then applies for a homestead land, it shall not be approved".

The first paragraph of Article 62 of the Land Management Law stipulates that "a rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government." It follows that the law does not prohibit the sale, sale and rental of rural houses.

At the same time, since according to the first paragraph of Article 75 of the General Principles of the Civil Law, houses belong to the category of citizens' personal property, and the lawful private property of citizens is inviolable. Paragraphs 1 and 2 of Article 13 of the Constitution also emphasize that the State shall protect citizens' private property rights and inheritance rights in accordance with the provisions of the law. According to Article 71 of the General Principles of the Civil Law:

Since individual citizens (including peasants) have the right to possess, use, benefit from, and dispose of their own property in accordance with the law, since they have the property ownership rights protected by law for their houses. Among them, the punishment includes sale, reciprocity, gift, etc. "From this, we can see that rural villagers have the right to sell their properties in rural areas.

Possession refers to the possessor's actual control over immovable or movable property.

The person in possession may have the right to take possession of immovable or movable property in accordance with the law, such as the leased property delivered by the other party during the lease term under the lease contract.

The occupier may also have no right to take possession of another person's immovable or movable property, such as borrowing another person's goods and not returning them after the expiration date.

The person in possession does not know that he has no right to possess it, and he takes possession in good faith; Where one clearly knows that he has no right to possess it, it is malicious possession.

Article 241 of the Property Law The law of right possession applies.

Possession based on contractual relations, etc., in accordance with the provisions of the contract, regarding the use, income, and liability for breach of contract of immovable or movable property; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations.

Forced buying and selling constitutes the crime of forced trading.

According to Article 226 of the Criminal Law, the act of forcibly buying and selling commodities by means of violence or threats, forcing others to provide services or forcing others to accept services, and forcing them to purchase goods constitutes the crime of forced trading. where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.

Consumers have the right to independently choose the business operators that provide goods or services, to choose the types of goods or services, to decide whether to buy or not to buy any kind of goods, and to accept or not to accept any kind of services.

Consumers have the right to compare, identify and select goods or services when they choose goods or services independently.

According to what you said, if it is forced to buy or sell, according to article 226 of the Criminal Law of the People's Republic of China, if violence or threats are used to forcibly buy or sell goods, or to compel others to provide services or to compel others to accept services, and the circumstances are serious, the sentence is up to three years imprisonment or short-term detention and/or a fine.

Article 226 of China's "Criminal Law": Where violence or threats are used to forcibly buy or sell goods, or to compel others to provide services, or to compel others to accept services, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.

The so-called serious circumstances shall include the following points:

1. Promoting unfair trade and making a large amount of illegal profits;

2. Forced transactions multiple times;

3. The social impact is bad;

4. Causing more serious consequences to the victim or family;

5. Forced trading seriously disrupts the market;

6. Two or more persons jointly carry out forced transactions.

Where the perpetrator uses slight threats to force others to buy or sell, or to compel others to accept or provide services, and the conduct is very restrained and the profits are very limited, and the circumstances are obviously minor and the harm is not great, it is an ordinary illegal act and cannot be considered a crime.

Therefore, depending on the specific circumstances, if the transaction is forced multiple times; Forcing transactions by gangs that cause a vile impact; Bad means; Forcing foreigners to trade; If the content of the forced transaction is inferior, it can be a crime even if the amount is not large.

The Criminal Law stipulates that if the circumstances are serious, the crime of compulsory transaction may be constituted.

First of all, the delay in delivery is a breach of contract by the developer, you can sue according to the default clause in the purchase contract, this is generally a group of owners at the same time, you can contact other buyers together through a lawyer class action, so that it is easy to get compensation, and winning the lawsuit is certain. There is no legal basis for having to buy a garage, you can refuse it, and it does not affect your lawsuit for breach of delivery.

1. From the perspective of the Contract Law, the act of buying and selling is actually a contractual act, and the contract emphasizes that the parties express the same intentions, and the forced purchase and sale violates the general spirit of the Contract Law and should be regulated by the Contract Law.

2. From the perspective of the Criminal Law, it disrupts the economic order of society.

3. From the perspective of economics, the principle of commodity trading is equivalent exchange, and it is impossible to achieve basic equivalent trading by buying and selling.

This act seriously disrupted the normal social and economic order.

Those who want to do this business are rich.