This year March, feng Mou of in relief person of four travelling expenses participated in judicatory of a network to auction, with 46 million highest should valence contest gets a company the equity of 49% . The 900 thousand earnest money that before deducting, pays, to leaving the end money of 45.1 million, feng Mou does not grant to hand in tardy. This year in May the middle ten days of a month, feng Mou is detained 15 days with judicatory by forensic place and fine 100 thousand yuan punishment.
Current, the court has auctioned the equity that Feng Mou regret takes afresh, but set according to law, money paid for something purchased or received for something sold of new on sale and original sale price the price difference of 46 million generation, also need to be assumed by former vendee Feng Mou. Feng Mou expresses, oneself at the outset because hear the tax cost of equity transfer ownership is very high,regret is patted is. But calculate at present come down, oneself not only 900 thousand bail cannot be returned, still be detained and fine, make up for price difference possibly still next. True it may be said " compensate the madam is folded again arms " .
Regret is patted, why is cost so big?
Prevent baleful contest to pat
Contest pats a person to participate in the qualification that contest pats through handing in bail to obtain
Guo Gang of solicitor of office of attorney of Sichuan square plan tells red star journalist, it is difficult that because the network auctions existence contest to buy person distributinging range,wide, identity discriminates difficult, illegal behavior to maintain difficult, illegal responsibility to find out wait for a circumstance, to assure fairness of network on sale, success, the safeguard that law provided to contest pats a person to honor the agreement hereby is normative, also be to be in the legitimate rights and interests that assures judicatory authority and creditor.
"Basis " the regulation that top people court auctions a certain number of issues about judicatory of people court network " knowable, participate in contest to pat a person to ought to have capacity of completely civil action, if law, administrative regulations and judicatory explain,pat person competence to contest or the condition has special provision, the qualification that contest pats a person to ought to have a regulation or condition. And contest pats ginseng and contest, need pays earnest money, must not participate in contest what did not hand in to pat. The original intention of such regulations is the qualification that contest pats a person to participate in contest to pat through handing in bail to obtain, won't appear baleful contest is patted, drive up the illegal behavior such as the price brings about contest to take failure, enroach on applies for to implement belongings increase of the person. " Guo Gang says, after the auction clinchs a deal, the earnest money that vendee pays can be filled support cost, and contest pats what did not clinch a deal, after contest buys the earnest money that the person pays to be able to tap an end in contest be returned inside 24 hours or defrost.
Regret sends price big
Usable and inactive contest is patted wait for proper way to exit
In the light of go back on his word again in auctioning a process want to exit, beijing is filled with division (Chengdu) Li Xiaolin of attorney office solicitor expresses, the regulation that at present law exits a mechanism to the auction relatively the principle is changed. According to relevant law provision, regret pats the vendee after the auction clinchs a deal, will assume following responsibility: One, the earnest money that already paid does not grant to return; 2, be patted by regret when tasting new sale, the person that regret is patted must not be participated in; 3, bail inadequacy is strong when supporting the fee such as new sale price difference, loss, commission, the person that pat by regret fills neat.
"That is to say, after the auction clinchs a deal, go back on his word again, the responsibility that vendee assumes is heavier. If because of objective reason, do not need really or cannot continue to participate in contest to pat, in can be before the auction or be being auctioned, choose to exit with appropriate action. For instance inactive contest is patted, exit with nonfeasance, when waiting for someone else auction to clinch a deal, oneself bail can be returned. " Li Xiaolin says.
In the case is being stated before, because after the auction clinchs a deal, Feng Mou rejects to pay end the money, be detained by amerce and judicatory, because judicatory is auctioned,Li Xiaolin thinks to also belong to a court to carry out the judicatory behavior of link, to auctioning section of tail of the refuse payment after clinching a deal, it is behavior of break a contact not just, also be cloggy judicatory behavior. Basis " code of civil law " relevant provision, can be in to its in order to detain, amerce. And in duration of detention, the person that be detained admits and correct an error, people court can decide to remove ahead of schedule detain.
"Strict auction technological process and standard can prevent practise fraud, ill will collude with participate in contest to pat wait for illegal behavior, avoid to bring about the legitimate rights and interests that applies for executive person to suffer a loss. Accordingly, before contest pats ginseng and contest, answer to abide by contest strictly to pat regulation, examine contest carefully to take possession fair shown specification, the auction regards his as successfully to be willing to fulfil the obligation that pays contest to take a money namely. Contest pats a person not to get home remedy regret to pat, will assume relevant law responsibility lawfully otherwise. " Guo Gang says.
Zhao Yu of red star journalist
Edit Yu Mengxiang
