Primary problem: Safeguard chummage carry out is set be restricted to violate compasses person carry oneself its duty
Xu Weilun of reporter of daily of □ legal system
Division of Ceng Liang of trainee of daily of □ legal system
Caricature / Gao Yue
Safeguard sex housing serves as maintain estate market the strong measure that basic stability, implementation gets safeguard masses to live to be resided somewhat, got developing more quickly in recent years, but subsequently and the trend that the contradictory dispute that come also presents year after year to increase. Recently, court of the first intermediate people holds Beijing bulletin of news of circumstance of work of trial of dispute of housing of experience safeguard sex is met, survey discovers at present experience ensures what sexual housing case involves to break the law violate compasses problem relatively outstanding, the watch violates compasses relet to seek profit now, detinue building, break the law to sell ahead of schedule wait for a respect.
" legal daily " the reporter chose 4 typical cases from which, the hope borrows this to raise the legal hazard consciousness of relevant parties, abide by honest credence principle self-consciously, promotion ensures level of management of sexual housing operation, cogent raise those who ensure sexual housing how to reside the effect.
Data chart pursues / network
Relet is fair hire a room to seek profits
Remove the contract retreats hire
On October 12, 2016, hu Mou and Yang Mou signed a building to rent a contract, conventional Hu Mou bear lease Yang Mou building, the deadline that rent is 1 year. Subsequently, the rent that Hu Mou paid one year more than yuan 28 thousand, entered this building on October 16, 2016.
However, entered two months only, working personnel of the fair administration that rent a house informs seat of the building that rent Hu Mou, experience case building belongs to Beijing fair rent a house, hu Mou is not former tenant, cannot continue bear hire and ask to vacate return a house. This orgnaization staff member informs Yang Mou at the same time, have no right this building again relet.
After the event, hu Mou talks things over with Yang Mou for many times, ask to paying odd building rent already shifted to an earlier date before Yang Mou returns him, dan Yang some all is not returned with all sorts of reason refus. To safeguard oneself rights and interests, hu Mou appeals to to the court, the building that the request removes to be signed with Yang Mou rents a contract, request Yang Mou to return return the building rent that oneself pay ahead of schedule and cash pledge to add up to 23675 yuan.
To this, yang Mou states the lawsuit that does not agree with Hu Mou requests on the court, its think Hu Mou's family member mauls his because of refund be related, caused the double harm on the body and spirit, reason does not agree to return odd hire and deposit.
After the court is tried, think, because experience case building is fair,rent a house, prohibit relet, relet causes contract purpose to cannot come true, should grant to remove lawfully. After the contract removes, have not fulfill, stop fulfill, had fulfilled, the basis performs circumstance and contract character, party can ask restorable or adopt other remedy measure. In this case, hu Mou concerns a provision according to contract law, view having right removes its and Yang Mou rent a contract at the house that signed on October 12, 2016. Before this, yang Mou already returned hire of Hu Mou building 1000 yuan, still should return the building hire inside Hu Mou cash pledge and odd lease to add up to 23675 yuan.
Accordingly, forensic court decision removes the house that Yang Mou and Hu Mou sign rents a contract, sentence your Yang Mou to return hire of Hu Mou building and cash pledge to add up to 23675 yuan.
The judge reminds
Fair the safeguard property that rents a house decided tenant can be restricted to ensure masses at sufferring specificly surely only, if fair rent a house bear after hiring, tenant chooses relet target freely again, disobey policy original intention, second tenant also is faced with remove contract and vacate the venture that cancels a building.
Family dies break a qualification to have no right to accede should vacate retreat
On January 19, 2016, some danger alters letter the office and tenant Liu Mou signed fair hire a contract. Does the contract agree the 9th times: ? Qiang eats Mi Lian putting in order to brag proper motion of contract of? of Lu fatigue Bao removes, check of classics of member of collective application family still accords with the public housing that rent to apply a standard, can be in after signing contract of the public housing that rent afresh, continue bear lease this building. Afore-mentioned contract accessory 3 " statistics of circumstance of tenant family member " what indication Xiaoliu is tenant Liu Mou is female.
On January 17, 2017, the some area housing that the building is in ensures the office to changed the office to send to cancel domestic housing to guarantee qualificatory advice note to danger, state small Liu Yi accords with the public housing that rent no longer deserve to hire a condition, say to already made the decision that cancels this family housing to ensure a qualification, ask danger to change the office to close an agreement to handle according to photograph of the contract that rent. Subsequently, danger changes the office to appeal to to the court, ask small Liu Teng returns experience case house.
After court of first instance is tried, think, after this fair hires a contract to remove, live as collective house small Liu Wei of the person obtains domestic housing to ensure a qualification, did not change the office to sign a contract afresh with danger, reason this Xiaoliu has had no right to take up this building, what its continue to take up this building formed pair of danger to change office content to counterpoise is obstructive, sentence your Xiaoliu to vacate accordingly return a house.
Xiaoliu refuses to obey court decision of court of first instance, mention appeal, although already died,advocate Liu Mou, but oneself live as collective house the person still is had to this building bear the right that lease, submitted the divorce report of its and husband in front courtyard careful, think oneself do not have any income, already divorced again now, accord with application fair the condition that rents a house, because this requests forensic cancel first trial to adjudicate, send heavy careful or change the original sentence to reject danger to change the litigant plea of the office.
After quadrangle is tried, Beijing thinks, experience record is public hire a contract to agree clearly bear hire what just die during rent, contract proper motion removes. Tenant Liu Mou died in January 2017, management department of relevant housing safeguard already made the decision that cancels housing of small Liu family to ensure a qualification. Fair after hiring a contract to remove, xiaoliu did not obtain domestic housing to ensure a qualification via examine and verify, did not change the office to sign a contract afresh with danger, here case falls, court of first instance adjudicates the part that small Liu Teng returns a house and all without exception becomes.
Accordingly, one quadrangle of Beijing maintains court of first instance to ask small Liu Teng returns the court decision of the building, rejected Xiaoliu's appeal to request lawfully.
The judge reminds
When sufferring safeguard family occurrence interior to change, ought to undertake self-consciously declaring to property right unit, depend on lawfully compasses cooperate new and authorized suffer safeguard qualification. If be had no longer,suffer safeguard qualification, ought to cooperate sequel to deal with, vacate actively retreat, should not continue to take up corresponding building.
Forge cheat buy find a place for room contract disables return house property
Some company serves as relevant find a place for house property counterpoises the collaboration of the unit square, responsible and directional find a place for the checkup of room qualification works. However, this company tears open Zhang Mou of employee of change project department to be in the job, adopt illicit the passport that engrave relevant section official seal and falsifies concerned personnel to sign, break the law undertake directional find a place for room qualification examine and verify, caused much flatlet house to sell do not have the personnel that buys a qualification.
Xu Mou is among them one person, he is not the personnel be findinged a place for of the area that tear open change, also had not applied for directional find a place for room. But Zhang Mou says to stem from friend personal loyalty, forged Xu Mou examine and approve formalities, cause mistake of property right unit to be had for Xu Mou buy directional find a place for the qualification of the room. On Feburary 26, 2017, property right unit and Xu Mou sign a contract, agree Xu Mou buys the house of a 86.76 square metre. Later, xu Mou obtained the property right letter of the building according to it, right property is by economy applicable housing manages. Xu Mou paid more than yuan 90 to buy house money and relevant fare to property right unit for this, the building is had by Xu Mou later use.
After property right unit discovers a problem, appeal to to the court, the building business contract that request court affirms to its and Xu Mou are signed and compensatory agreement are invalid, sentence your Xu Mou to cooperate to restore the property right of experience case building to register, this house property change returns under one's name of property right unit, vacate retreat return house of the case that return experience.
To this, xu some argue says, what experience case contract buys is economy applicable room, and building already consign and change the name of owner in a register, and examine and verify is lax belong to Zhang Mou place to be, relevant consequence should be not assumed by oneself.
After the court is tried, think, damage a society the contract of public interest should be belonged to invalid. In this case, xu Mou is not experience case to be torn open the population be findinged a place for of change area, according to relevant provision and method, what cannot buy experience record is directional find a place for room. And case alien Zhang Mou is used illicit the method such as quarter seal is forged examine and approve formalities, cause property right unit to mistake has the aptitude that buy a house for Xu Mou and sign building business contract with its. Accordingly, the building business contract that property right unit and Xu Mou sign damaged a society public interest, ought to maintain to disable. The contract disables or by cancel hind, because of the property that this contract acquires, ought to give return still.
Accordingly, what forensic court decision restores experience case building is primitive register, xu Mou returns house of the case that return experience to property right unit.
Trade via comfortable room suffer be restricted 5 years inside buying and selling is invalid
On October 23, 2012, wen Mou and Zhao Mou signed building business contract, the agreement gives Zhao Mou selling a person to sell one house Wen Mou, bilateral agreement trades the price is 600 thousand yuan, zhao Mou takes a room this hind should cooperate Wen Mou to deal with formalities of building change the name of owner in a register, place of change the name of owner in a register produces charge to be assumed by Wen Mou in the future. However, after the contract is signed before long, zhao Mou appeals to to the court, the building business contract that advocates some signs its have a participant's knowledge of is invalid.
In trying a process, wen Mou was referred to court of first instance tell the inquiry news that contends for a building, the registering time that should inquire information shows experience case house is on October 9, 2012. Both sides all is approbated when signing building business contract, this economy is applicable housing distance is initiative trade to still resent 5 years. After court of first instance is tried, think, when both sides signs building business contract, appeal to contend for economy applicable building still is in limitation to appear on the market trade inside deadline, reason supports Zhao Mou's view, adjudicate contract of this building business is invalid.
Wen Mou refuses to obey court decision of court of first instance, appeal reachs Beijing one quadrangle, think to appeal to contend for a building to had sold his with market price, the contract agrees Zhao Mou obtains a room this hind should cooperate to deal with change the name of owner in a register, because this requests the court decision of court of first instance of one quadrangle cancel, send heavy careful or lawfully change the original sentence supports its lawsuit request.
After one quadrangle is tried, think, contract effectiveness problem belongs to people court to try the limits that contract case ought to examine actively, according to the regulation, buy economy applicable housing resents 5 years, must not appear on the market directly trade. In this case, the economy that experience case building bought on April 11, 2008 for Zhao Mou is applicable housing, when hearing some and Zhao Mou to signed building business contract on October 23, 2012, belong to the restriction that sets in relevant policy, code to appear on the market trade the buying and selling inside deadline already bought economy applicable housing. Accordingly, the contract that cognizance both sides of one quadrangle final judgment signs should be belonged to invalid, the court decision rejects appeal, maintain original judgement.
Set related contract law
Fiftieth 2 have one of following state, the contract is invalid:
(One) one party concludes with con, threatening method contract, damage national interest;
(2) ill will is colluded with, damage country, collective or; of interest of the 3rd person
(3) mask illegal purpose; with legal form
(4) damage a society public interest;
(5) of lawbreaking, administrative regulations mandatory regulation.
Fiftieth 8 contracts disable or by cancel hind, because of the property that this contract acquires, ought to give return return; to cannot be returned return or not was necessary to return those who return, ought to compensation of convert into money. The one party that has fault ought to recoup the loss that the other side gets accordingly, both sides has fault, ought to assume corresponding responsibility severally.
" the public housing that rent runs way " relevant provision
Safeguard of housing of government of people of class of the 28th city, county is in charge of a branch to ought to strengthen what use to the public housing that rent to supervise an examination.
The droit person of the public housing that rent and unit of its precatory operation ought to use the circumstance of the public housing that rent to have go on a tour of inspection to tenant, discovery has those who disobey this method to set action, ought to be handled in time lawfully or report to concerned branch.
" economy is applicable housing government measure " relevant provision
Thirtieth applicable housing buys economy room person has finite property right.
Buy economy applicable housing resents 5 years, must not appear on the market directly trade, the person that buy a house needs to make over economy truly because of special account of applicable housing, consider the element such as depreciation and price level to undertake counter-purchasing according to cost price case by the government.
Buy economy applicable housing is full 5 years, the person that buy a house appears on the market make over economy of applicable housing, should according to be the same as housing of general goods of a sector of an area and economy at the appointed time the certain proportion of applicable housing price difference pays the relevant cost such as land accrual to the government, specific hand in scale to be decided by government of people of city, county, government but preferential counter-purchase; After the level that the person that buy a house also can decide according to governmental institute pays the relevant cost such as land accrual to the government, acquire complete property right.
Afore-mentioned regulations should be in applicable housing buys economy give in the contract carry bright, make clear relevant responsibility of breach of contract.
Origin | Legal daily
Editor-in-charge | King large Wu Hao
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