Today each Guangzhou house property kind small letter group erupted a message: The praedial center that register checks Guangzhou each area now trade the case of change the name of owner in a register, close when whether does buyers and sellers of real time inquiry have break one's promise circumstance, if inquire,have break one's promise of the circumstance, won't accept close, ask know. (break one's promise the circumstance is with inquiry of system of the praedial center that register accurate) .
Subsequently somebody explodes piece accept receipt, confirmed this information, this policy had been carried out.
Praedial trade the center that register accepts receipt to confirm should check break one's promise
Message, everybody expresses that he cannot understand
Break one's promise the personage cannot sell a house
Break one's promise the personage cannot sell a house
To this, zhang Xufeng's lawyer unscrambles office of Guangzhou city Glyn's attorney:
This action is for the society of sincere letter system probably construction, just had this move.
As to its real significance:
Its original intention basically should be to prevent those who do not have measure of the judicatory that be adopted is praedial (although likelihood the amount is not much) transfer in hand be executived.
But actually so the real sense that make is very finite, for the moment not respecting this phase, be carried out almost of the person praedial had been adopted judicatory measure, what can restrict is the fish of the escape unpunished of few number only, the sense is not great. But its are negative the impact is very big however, it is to bring about the element that trades to be not stabilized to increase at least, smooth add market chaos to resemble. Be told so on whole, I am not very value this act.
If trade,both sides breaks his promise because of this bring about cannot fulfill trade, how should be handled again?
Zhang Xufeng's lawyer analyses:
Specific a record issue that after to this the regulation is carried out, appears is medium, what is what must see responsibility of breach of contract return duty principle.
1. contract has extraordinary agreement to be dealt with according to the agreement.
2. does not have conventional is the responsibility of breach of contract that sets according to our country contract law to return duty the principle handles: Say to think, what domain of our country contract law uses is strict liability is given priority to, fault responsibility is complementary principle. Carry out medium usual practice according to this one principle and judicatory, if be to sign a contract prevenient, this regulation is promulgated after, below the condition that causes a bargainor to cannot fulfil a contract, my apt thinks the contract ought to not have cost remove.
If 3. is this regulation had been released, but betrayed a person to still sign a contract to sell a house, bring about trade cannot undertake, criterion should by betray a person to undertake responsibility of breach of contract.
If be to sign a contract prevenient, this regulation is promulgated after, below the condition that causes a bargainor to cannot fulfil a contract, my apt thinks the contract ought to not have cost remove " farther specification -- 1. Of here " do not have cost remove " it is to show A cannot ask to continue to fulfill finish compulsively when handing in easy B contract to remove need not clause of applicable penalty due to breach of contract, do not eliminate loss compensation; 2. Trade the case of suffocate suffocate appears is by give a selling party (break one's promise person) the reason of one party is caused, when vendee innocent, sign about, honor the agreement with stop trade the loss that cause ought to by break one's promise the person is assumed; 3. Do not eliminate to appear in case judge to breaking one's promise the person's more adverse judgment result (do not eliminate to be opposite namely break one's promise the person is applicable clause of responsibility of breach of contract) .
So regard us as common negotiant, how should protect oneself again?
Be in before in trading, can emphasize an autograph need to inquire property right about, much now, inquire both sides without fail proof believe and break his promise circumstance
Inquire the network address that sign a letter: Https://ipcrs.pbccrc.org.cn/
Break one's promise executive information of China of case inquiry network address makes public a net: Http://zxgk.court.gov.cn/shixin/new_index.html
Want this network address to go up only famous, can be rejected to handle work (include hotel of class of Gao Tie, plane, star to wait) .
Break his promise to this the personage cannot sell a house, also have a few controversy, for instance owner to rescue oneself break one's promise, those who fulfill copy clerk of become effective law to decide is compulsory and the decision sells a house, as a result discovery cannot trade, may bring about the obligation that cannot fulfil copy clerk of become effective law to decide accordingly, this is paradox. Should fulfil the obligation with affirmatory copy clerk of become effective law after all so?
To buying the home it is more tie, public house of fast star class cannot be entered with taking plane Gao Tie before, buy a room to also was sufferred to be restricted now, laolai is done must not!
What kind of person can be included to break one's promise list?
Person be executived did not fulfil the obligation with affirmatory copy clerk of become effective law, have one of following state, people court ought to bring into his break his promise to be carried out person list, have credit discipline sb as a warning to its lawfully:
(one) have fulfill ability and copy clerk of law of refus nonperformance become effective determines obligation;
(2) hamper in order to forge the method such as evidence, violent, menace, defy carry out;
(3) with false suit, false arbitration or in order to hide, transfer the methodological avoid such as belongings to carry out;
(4) violate property report system;
(5) disobey limitative consumption to make;
(6) carry out without warrant refus nonperformance reconcile of the agreement.
