In last few years the reason as a result of whole economic situation, large-scale appeared the case that loan cannot repay, among them one kind solves method to use house pay a debt in kind or by labor namely, say simply even if give loan the room of debtor directly in order to compensate for debt. Should solve method to look be like simple, but the problem that has many need attention, do not get cursorily.
We know fluidity clause is invalid, cannot have in loan contract namely similar " I still do not go up the house when money puts in you 's charge directly " agreement. Where is the way that settles then?
Familiar pattern is sued namely carry out, walk along a court to auction a program, auction Wu of repay a debt of earning money countervail. If auction, sell off all cannot treat the building, can arrive " with content pay a debt in kind or by labour " level, the building puts in creditor 's charge, if have building price difference, creditor gives fill neat.
But cycle of afore-mentioned means time is endless, still a kind of means tries to carry the leasehold significance between both sides business of legal means translate into to concern namely. Commonly used means is both sides signs building business contract afresh, can agree in the contract building money paid for something purchased or received for something sold, the leasehold money before can agreeing is direct translate into all or the part buys house fund. The advantage of this kinds of means depends on solving rapid, but defect depends on be being nodded in jural risk the meeting is more. Guaranty of existence of building of in every case, court closes down etc, program of change the name of owner in a register will not make progress normally, and the way that makes partial debtor ill will easily transfer property, put in the risk that is held to disable.
With room pay a debt in kind or by labour, not be jural the debt that is not permitted absolutely repays means, but applicable when still need to notice doubly.
Ministry of Wu of real estate of article Piao Hou Zheng's lawyer
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