Newest collection! Top magic art civilian one front courtyard about estate dispute case 38 opinions_News

Opinion collect cento from " civil trial guidance and reference " (always the 34th collect - always the 71st collect) in sign for " top people court civilian one front courtyard " the opinion of case of concerned estate dispute.

An owner tears open the village the wall changes the door, build step to whether form tort

Limit according to what part and part of for private use share to the residence in law and bilateral contract, li Mou do sth without authorization tears open a window to change the door, behavior embezzlement that builds steps leading up to a house mutual place of the residence, exceeded the limit of proper exercise right, impared the normal government order of property management company, attribute tort action. According to legal provision and bilateral contract agreement, property company has authority to ask Li Mou removes previous condition of built steps leading up to a house, reply. People court should support the lawsuit of property management company to advocate lawfully, give to tort behavior of Li Mou correct.

(write person: Han Yanbin)

Index: " civil trial guidance and reference " (the 34th collect) 84-89 page.

Estate company did not inform place of the person that buy a house to buy fair condominium of the laid inside the building to when opening to booking commodity house, the agree carries corresponding civil liability to pay compensation

Although bilateral party concludes did not agree in building business contract conduit laid content, but basis " contract law " the 42nd the 2nd section provision, in conclude the one party in contract process conceals what perhaps provide false case with this one fact that concludes the contract is concerned intentionally, cause losing to the other side, ought to assume the regulation of liability to pay compensation, estate company promise carries corresponding liability to pay compensation. About compensating for amount to be decided really, the consideration should be informed because of estate company and can not inform, cause Li Mou much defray trade the loss share that cost perhaps causes to Li Mou.

(write person: Sun Yanping)

Index: " civil trial guidance and reference " (the 34th collect) 90-92 page.

Land contracts right of administration obtains dispute not to belong to people court civil case to be in charge of limits

According to " civil code general rule " the 2nd about " between the citizen that civil code of People's Republic of China adjusts equal principal part, between legal person, the property concern between citizen and legal person and person concern " regulation, the member that group of rural collective economy is woven and organization of rural collective economy are in sign land to contract lawfully before the contract, land contracts the relation had be notted build, land contracts right of administration also had be notted obtain. Here the circumstance falls, the land that party mentions to people court contracts right of administration obtains those who appeal to, because the relation between party and collective economy is not the relation between equal and civil main body, its controversy does not belong to people court to be in charge of the limits of civil case, people court ought to inform his to be in charge of a branch to apply for to solve to concerned administration.

(write person: Ginger plum Xin Zhengyu)

Index: " civil trial guidance and reference " (the 35th collect) 170-175 page.

Of dweller residence village outside who does metope droit belong to

" matter right law " the 70th regulation: "Owner uses a room to wait to only the part enjoys droit to the residence inside the building, management sex, share the right with joint management to only the mutual part beyond the part is enjoyed. " set according to this, of dweller residence village outside metope is not belonged to have a share only, individual dweller is right the metope outside having what connect cheek by jowl partly only with its does not own property. Of dweller residence village outside metope belongs to village collectivity owner is all.

The owner of dweller residence village is right the metope outside having what connect cheek by jowl partly only with its is had reasonable used power. This one right is exercise of owner patent rights is reasonable and outspread. Reasonable use level has 2: It is do not be a purpose with gain; 2 it is to be used better have a share only, the easy that increases to have a share only is measurable, increase to have partial security only, do not damage a village again at the same time the common interest of other owner. Owner is right connect cheek by jowl with its outside metope undertakes reasonable use the provision that also should accord with municipal managing, want to handle photograph adjacent relation correctly at the same time, do not get the rights and interests of owner of adjacent of enroach on photograph.

Inside the village alone villatic outside metope is belonged to alone villatic droit person.

(write person: Yang Yongqing)

Index: " civil trial guidance and reference " (the 35th collect) 176-181 page.

Have the contract of important document of materiality of commodity house business, cannot maintain to make an appointment contract

According to top people court " about statute of comfortable use of case of dispute of contract of commodity house business the explanation of a certain number of problems " the 2nd, wait for a regulation the 5th times, party is signed " the contract that buy a house " hind, if had the main requirement of contract of commodity house business, and other content does not violate state law, administrative regulations to set, ought to maintain a contract to be contract of commodity house business.

(write person: Sun Yanping)

Index: " civil trial guidance and reference " (the 36th collect) 127-131 page.

Land contracts the ground contracts to be collected after subcontract of right of administration, how to maintain farmer of the ground that be asked for

Basis " rural land contracts law " the 39th regulation, land contracts right of administration passes subcontract, rent those who wait for a form to be on the move, land contracts right of administration did not produce shift. Contract after the ground is collected lawfully, ought to maintain land to contract right of administration is factitious " farmer of the ground that be asked for " .

(write person: Xin Zhengyu)

Index: " civil trial guidance and reference " (the 36th collect) 142-145 page.

Lessor hides the fact that rental building already was mortgaged before contract intentionally, how ought to assume responsibility

Because of,be opposite con and the concluded contract that rent, be like not lawbreaking mandatory regulation, suffer since the day that just can know oneself false or ought to know cancel particulars of a matter inside a year exercise cancel counterpoises. Suffer just counterpoise without exercise cancel false, the contract that rent holds water effectively, the procedure is performed in the contract in, like this fraudulent action causes con square beak a contract, just undertake responsibility of breach of contract false, unfavorable maintain to conclude a treaty negligence liability.

(write person: Yao Baohua)

Index: " civil trial guidance and reference " (the 37th collect) 124-127 page.

The building that invests the project approving on land of construction other transfer and bear the contract property that leases the building after building and effectiveness

Contract of joint development estate agrees the party of bankroll does not assume management risk, use a building in order to rent other perhaps form only, should according to top people court " involve case of dispute of contract of state-owned land access about cognizance the explanation of applicable law problem " the 27th regulation, maintain rent a contract for the building. The land that party involves with this contract only uses the ground to advocate cognizance contract is invalid for transfer, answer not to grant to support.

(write person: Guan Li)

Index: " civil trial guidance and reference " (the 37th collect) 128-132 page.

Judicatory of commodity house business explains how the main obligation of the 6th regulation ought to understand

" top people court about hearing case of dispute of contract of commodity house business applicable law the explanation of a certain number of problems " the 6th the 2nd section provision: "Party agreement is registered with dealing with put on record formalities opens to booking term and conditions of contract for commodity house, agree from its, but party one party has fulfilled main obligation, the except that the other side accepts. " basis " contract law " encourage trade, make as far as possible the spirit of contract become effective, and party represents in the true meaning when the contract is being fulfilled after signing a contract, cannot fulfill what this clause sets " main obligation " simple understanding is the much in fulfilling total obligation, and the compulsory property that ought to agree from the contract above all undertakes an analysis, the content that ought to agree from the contract next undertakes thinking, ought to consider the element such as above circumstance and the amount that perform integratedly to undertake cognizance finally.

(write person: Yang Yongqing)

Index: " civil trial guidance and reference " (the 37th collect) 174-178 page.

Should trade actually the price and put on record when contract price is abhorrent, tenant cannot ask with putting on record contract price regards coequal condition as the view preferential buy right

True meaning represents the core element that is civil law action, wait like the price, payment as abhorrent as actual agreement when, should express to be with the true meaning of bilateral party accurate, be not true meaning denotive clause does not have legal sanction to bilateral party. Of the building true clinch a deal the true meaning that the price should press party of business contract both sides expresses to maintain, and escaping duty Wu is not both sides concludes the purpose of building business contract. Accordingly, ought to with true trade the price serves as the basis that maintains coequal condition.

(write person: Wang Linqing)

Index: " civil trial guidance and reference " (the 38th collect) 206-209 page.

The country calls in the state-owned land that uses by collective, of this land contract whether does person of right of administration have authority to share partial land compensates cost

Applied on January 1, 1999 " land management method " the 58th regulation: "Have one of following state, the people government that signs up for classics original approval to use the land by branch of director of administration of land of concerned people government perhaps has the people government that approves power to approve, can control a state-owned land access: (one) need use land for public interest... to land access the person ought to offer proper compensation. " the country calls in the state-owned land that uses by farmer collective, expenses of its land compensation ought to pay a farmer collective and this land contract person of right of administration.

(write person: Yang Yongqing)

Index: " civil trial guidance and reference " (the 39th collect) 140-146 page.

The building rents a contract to did not expire, lessor removes to the building rents a contract and rent the building forcibly well-meaning the 3rd person, former tenant cannot request to continue to fulfil a contract

According to our country " contract law " the 107th regulation, of responsibility of breach of contract assume means to have continue to fulfill, take remedial action perhaps compensates for a loss to wait. One party party is below the circumstance of break a contact of party of other one party, the request continues to fulfil a contract, people court divides the fact that examines party beak a contract outside, whether does the application that still should examine party accord with our country " contract law " the 110th regulation, if party applies for to continue to fulfill,be in jural perhaps cannot fulfill in fact, people court should not support the request of party.

(write person: Zhong Weihang)

Index: " civil trial guidance and reference " (the 39th collect) 169-172 page.

Contract through the family means obtains farmland land to contract right of administration, farmer member dies, do not produce land to contract right of administration is successive

According to " rural land contracts law " the 15th, mix 31 times top people court " involve rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the 25th the 1st section provision, contract through the family the land that means acquires contracts the farmer that the right subject of right of administration is this collective economy organization; Farmer member is premise with having this collective economy to organize membership; Unless contract,the ground is forest land, contract in land department of right of administration contracts through the family below the condition that means obtains, farmer member dies, do not produce land to contract right of administration is successive.

(write person: Xin Zhengyu)

Index: " civil trial guidance and reference " (the 40th collect) 120-123 page.

Limitative owner has the effectiveness problem of the owner convention of partial ownership or constitution only

Basis " law of right of matter of People's Republic of China " the 76th regulation, management sex does not belong to the collective decision item of owner congress with the has a share only management kind of the room. Owner convention or constitution make should having a share only is own manage or entrust other to manage, according to a few obedience by all owner most principle is polled the agreement of collective decision is invalid. Owner congress is made according to this convention or constitution after entrusting management decision, the commission that owner committee and other sign manages a contract, right without agree or the owner of admit posthumously does not produce legal effectiveness.

(write person: Jiang Jiang)

Index: " civil trial guidance and reference " (the 41st collect) 210-218 page.

Agree to whether affect the effectiveness that makes over praedial contract without hypothec person

" matter right law " the 191st the 2nd section provision: "During guaranty, guaranty person agrees without hypothec person, must not transfer guaranty property, but alienee for you the exclusion that pay off debt eliminates hypothec. " adaptability in tactics of praedial content is moved and character, the cession here, those who point to is the outcome that praedial content adaptability in tactics changes, is not a reason. Cause praedial fluctuant reason behavior namely the effectiveness of the contract, do not suffer hypothec person to whether agree to make over the influence of pawn.

(write person: Yang Yongqing)

Index: " civil trial guidance and reference " (the 42nd collect) 148-153 page.

Parents of one party of husband and wife purchases a building with filial name, should maintain donative is the building still buys house fund

Parents goes wholy-owned the name of married children is bought and already made donative meaning to children with its denotive building, what should regard parents as two pairs daughter is donative. In the building not consign is used and property right is registered before being had be being notted finish, the parents that serves as donative person has authority cancel this are donative. In still outstanding Qing Dynasty property right of the total money of this building, building is registered still half-baked, below the case that parents represents cancel is donative namely, because children breaks up husband and wife after divorce or divorce in the suit that common property problem has, unfavorable cognizance parents is donative is the money buying a house that pays already actually only, regard husband and wife as common property afore-mentioned moneys that buy a house then undertake breaking up.

(write person: Flower Shenyang of country of Han Mei beyond is clever)

Index: " civil trial guidance and reference " (the 44th collect) 185-189 page.

During building hypothec puts add, sell a person (guaranty person) the effectiveness that agrees to sign building business contract without hypothec person and fulfill

During building hypothec puts add, sell a person (guaranty person) agree to make over guaranty building without hypothec person, do not affect the effectiveness of building business contract. Betray a person to still did not fulfil the obligation that eliminates hypothec when the at the expiration of one's term of office of deadline for performance that the contract agrees, cause vendee to cannot deal with building droit move to register, vendee can request to remove contract. Vendee agrees and can for you pay off debt eliminates hypothec, hypothec person ought to assist conduction guaranty to cancel register, betray a person to ought to deal with building droit to change the procedures that register for vendee after hypothec is eliminated.

(write person: Zun Feng old )

Index: " civil trial guidance and reference " (the 45th collect) 130-134 page.

Branch of land administration director and contest get a person to sign state-owned land access the behavior of clinch a deal confirmation belongs to contest civil action

Branch of land administration director and contest get a person to sign state-owned land access contest must clinch a deal the behavior of confirmation, it is delegate of branch of land administration director state-owned land ownership person and alienee of state-owned land access, to the agreement of obligation of bilateral civil rights, its property attributes civil action, cause dispute to appeal to from this to people court, belong to civil case category.

(write person: Shenyang red red)

Index: " civil trial guidance and reference " (the 45th collect) 148-152 page.

In order to join development project of the loan of earning of guaranty of state-owned land access attributive

In process of joint development estate, on mortage to building the access that use the land with joint development project the obtains loan that is used at project development, if joint development agreement is not right this loan is attributive undertake conventional, when allocating rights and interests of joint development project, this loan both neither can regard both sides as the joint investment of party, also cannot hold the investment that is party of joint development estate; The home remedy that is based on this financing to produce unripe be in debting to also be not joint development estate is indebted, should belong to a project to be in debt.

(write person: Zhong Weihang)

Index: " civil trial guidance and reference " (the 52nd collect) 133-138 page.

How to understand rural land to contract management dispute mediation arbitrates the law sets the 2nd times " conclude " rural land contracts the dispute of contract happening

Rural land contracts management dispute mediation arbitrates the law sets the 2nd times " conclude " land contracts the dispute of contract happening, it is to show the contract concludes in the process, conclude a treaty around party form of ability, contract, contract concludes time admits really, the understanding of format clause and applicable, conclude a treaty of negligence liability maintain with assume wait for the issue that produce, the member that do not include rural collective economy to be organized contracts because of acquiring land not actually the issue that right of administration and organization of rural collective economy produce. The member that weave to group of rural collective economy contracts because of acquiring land not actually right of administration and the civil suit that mention, people court should according to " top people court involves rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the first the 2nd regulation, inform party to be in charge of a branch to apply for to solve to concerned administration.

(write person: Shenyang red red)

Index: " civil trial guidance and reference " (the 52nd collect) 139-142 page.

After the case adjudicates become effective, the people government that transfer land counterpoises via having approval approves procedure of sell one's own things of conduction land access, party advocates because of this the contract is active, apply for rehear, people court does not grant to support

The people government that the person counterpoises without having approval approves land use, with suffer those who let just conclude the contract makes over transfer land access, ought to maintain a contract to disable, but the people government that before sueing, counterpoises via having approval approves procedure of sell one's own things of conduction land access, ought to hold a contract effective. And become effective hind adjudicates in the case, of formalities of sell one's own things of access of the people government approval that transfer land counterpoises via having approval, conduction land, party has been approved by the people government that has approval right with transfer land, for formalities of sell one's own things of conduction land access, access of view transfer land makes over a contract effective, apply for rehear, people court should not support.

(write person: Zhong Weihang)

Index: " civil trial guidance and reference " (the 52nd collect) 148-155 page.

Party signs associated contest to buy an agreement to agree bilateral and contributive contest buys construction to use ground access, deal with land to pick card formalities by one party, the land that get clinchs a deal confirmation, sign contract of land access sell one's own things. Person of sell one's own things is given out to this party clinch a deal after confirmation signs contract of land access sell one's own things with its, the contest that signs a contract buys a person with respect to land of sell one's own things fulfill, remove wait to prosecute person of sell one's own things alone, another combination contest buys a person to be not belonged to must the party of collective to institute proceedings.

(write person: Red of red of Xin Zhengyu Shenyang)

Index: " civil trial guidance and reference " (the 55th collect) 97-100 page.

The land that party contracts with respect to other holds the right, people court ought to be accepted and make a judgment

Did not obtain land to contract the party of right of administration, do not ask to contract to villager committee land, and with oneself it is land of this village some contract manage door for domestic member, had contracted in the light of other management land, the view becomes this farmer land to contract right of administration shares a person, belong to the civil rights and interests between equal principal part contend for, people court ought to serve as civil case to accept, contract according to rural land law the 26th regulation, whether to belong to this door land to contract to its the mutual person of right of administration makes a judgment.

(write person: Han Mei)

Index: " civil trial guidance and reference " (the 56th collect) 110-114 page.

Rural land contracts the land after right of administration is made over lawfully is collected, whether does fund of the compensation that ask for the ground return suffer let square all

Rural land contracts after right of administration is made over lawfully, former contractor is exited namely contract relation, suffer let just be become with the square that send a package contract newly relation, land contracts the right subject of right of administration produces change, suffer let just become new land to contract person of right of administration. After land is collected, suffer let Fang Youquan enjoy corresponding land to compensate cost.

(write person: Wang Dan)

Index: " civil trial guidance and reference " (the 56th collect) 124-127 page.

The building obligee that register betrays mutual building to not agree with lawful law sets or the contract effectiveness problem of contract stipulation

Betray person and vendee to sign building business contract, betray register the building in under one's name of a certain person, do not accord with matter right law the 97th regulation about mutual thing punish or of party agree separately, if vendee is well-meaning, and what business contract agrees is reasonable to valence, but did not deal with building droit to change the procedures that register, person of other and mutual right requests to affirm building business contract is invalid, people court does not grant to support.

(write person: Zhong Weihang)

Index: " civil trial guidance and reference " (the 56th collect) 128-133 page.

Party signs land to contract after contract of right of administration obtain not actually contract land and to lodge a complaint, people court ought to serve as civil case to accept

Land contracts right of administration contracts from land already established namely when become effective of contract of right of administration. The member that group of rural collective economy is woven did not obtain this contract next contracting the issue that land and organization of rural collective economy produce, attribute the civil dispute between equal and civil main body, people court ought to give as civil case accept.

(write person: Shenyang red red)

Index: " civil trial guidance and reference " (the 56th collect) 134-137 page.

Betray a person to betray the condition that registers the mutual building in its under one's name to be good law sets or do not share a person to agree, vendee requests to fulfill the dispute of building business contract compulsively to handle

Betray a person to betray the condition that registers the mutual building in its under one's name not to accord with the requirement that matter right law sets the 97th times to perhaps share a person to agree, in building business contract effective circumstance falls, vendee requests to fulfil building business contract, other and mutual person does not agree to betray this to share a house, express not to grant to assist those who deal with this building right to belong to change to register formalities, people court should reject vendee to request about continueing to fulfill the lawsuit of the contract.

(write person: Wang Dan)

Index: " civil trial guidance and reference " (the 57th collect) 149-153 page.

The land that collective economy organization makes contracts plan adjusts those who decide rights and interests of contractor of lawbreaking regulation, enroach on, should grant lawfully cancel

Collective economy organization is discussed through holding village witenagemot wait for means, make land contract the decision that plan adjusts, disobey rural land to contract the law counterpoises to contracting the legal provision such as protection, of rights and interests of enroach on contractor, the regulation of law of right of contractor basis matter, beg cancel to should decide to the appeal since people court, people court ought to give support.

(write person: Shenyang red red)

Index: " civil trial guidance and reference " (the 57th collect) 154-156 page.

It is folk leasehold still be commodity house business

Do not sign written loan contract, use only sign " contract of commodity house business " register the means that put on record to regard as assure, sign at the same time counter-purchase an agreement, next reoccupy lender hands in the way that pays money actually to build creditor's rights debt to concern to borrower, it is the leasehold way that at present leasehold party of a few folk chooses. Judge the quality that law concerns between party, cannot read the name of the contract, form and content only, more important is the essence that law concerns between analytic party. If " contract of commodity house business " in carry out room just did not plan real pay building, and the one party that buy a house also does not care obtain place to buy building property right. And the attention dot of bilateral party is in centrally " counter-purchase an agreement " reach its corresponding penalty due to breach of contract to go up, criterion enough proves actual legislation concerns between both sides is folk leasehold.

(write person: Han Mei)

Index: " civil trial guidance and reference " (the 58th collect) 96-103 page.

Debt pay off period reach between the party after at the expiration of one's term of office with agreement of content pay a debt in kind or by labour but did not fulfill matter right to change procedures, how does this agreement effectiveness decide

Debt pay off period the party after at the expiration of one's term of office is reached with agreement of content pay a debt in kind or by labour, before have not deal with matter right to change procedures, debtor goes back on his word agreement of nonperformance pay a debt in kind or by labour, the droit of the content that creditor asks to continue to fulfil agreement of pay a debt in kind or by labour or ask to affirm place is touched puts in him 's charge, people court should reject its lawsuit to request. But via Shi Ming, party asks to continue to fulfil contract of debt of former creditor's rights, people court ought to continue to try.

(write person: Zhong Weihang of Xia Zhengfang Pan Junfeng)

Index: " civil trial guidance and reference " (the 58th collect) 121-124 page.

Business contract has not fulfill be over, vendee requests to affirm its are building droit of the person, do not belong to matter right to acknowledge dispute

Affirm content counterpoises in order to be put in content attributive controversy is premise. Business contract has not fulfill be over, vendee requests to affirm its enjoy the droit of the content of mark, do not accord with the thing that thirtieth of matter right law sets 3 times to counterpoise attributive controversy, should not bring into what matter right affirms to appeal to.

(write person: Xin Zhengyu)

Index: " civil trial guidance and reference " (the 61st collect) 177-180 page.

How to distinguish contract of joint development estate clears mediumly clause and " the name is for cooperative fact leasehold " contract

Contract agreement, one party gives the ground, other one party is contributive, create real-estate project company, enjoy rights and interests of project company shareholder according to contributive scale, joint development estate. From right obligation of the agreement content looks, consultative property is collective and contributive, take risk in all, the contract of joint development estate that shares profit. The contract returns an agreement, stop contributive one party is accepted to return contributive still square investment after fulfilling fund capital and pay interest quadruply by interest rate of loan of bank of the corresponding period, basis contract law the 97th, the 98th regulation, after this agreement property is fulfilled for contract termination clear clause, do not belong to " top people court involves case of dispute of contract of state-owned land access about cognizance the explanation of applicable law problem " the name of the 26th regulation is cooperative contract fact to be loan contract status.

(write person: Feng Xiaoguang thanks love plum)

Index: " civil trial guidance and reference " (the 62nd collect) 154-157 page.

Involve rural collective the commission of all land is acting how is the effectiveness that profit allocation item sells external in proposing a contract maintained

Involve rural collective the commission of all land is acting the sells profit allocation clause to have estate of joint-stock, joint development external property in proposing a contract, party holds the contract right such as profit allocation, should offer a government sector to use program, construction to plan to wait with the ground about land examine and approve a file to perhaps prove. Although offerred afore-mentioned files or proof, but before controversy of first instance court ends land property still did not change those who be state-owned land, this profit allocates a clause to press invalid processing.

(write person: Yu Meng)

Index: " civil trial guidance and reference " (the 64th collect) 145-150 page.

The collaboration that signs with transfer land access and other places builds room contract how to should maintain its effectiveness

Fulfill measure to change transfer to realize joint development with ground property lawfully according to the agreement long-dated target, land produces issue before implementation is metamorphic, the collaboration that cannot deny early days is signed accordingly establishs room contract efficacy. Contract party is had according to it honor the agreement praedially behavior is have legally, law of authority getting thing is protected; The Teng Qian that enough antagonism the other side puts forward requests

(write person: Zhang Chun)

Index: " civil trial guidance and reference " (the 64th collect) 160-165 page.

Party talks things over to stop loan consistently to the contract concerns and build contract of commodity house business to concern, the quality that how decides bilateral law concerns reachs number of loan principal and interest

Loan contract expires borrower was not pressed remand about loan, both sides party classics talks things over to Zhang, the decision stops loan contract to concern and establish relationship of contract of commodity house business, divide those who be put in legal and invalid case, ought to express according to party meaning, decide contract of business of house of commodity of translate into of bilateral legislation impact concerns. The loan principal that buys house fund to bilateral agreement translate into reachs the number of accrual, ought to original loan contract reachs the ground between both sides the evidence such as loan, reimbursement gives examine maintain, unfavorable affirm directly according to bilateral contract agreement only turn the money amount that is the money that buy a house.

(write person: Shenyang red red)

Index: " civil trial guidance and reference " (the 65th collect) 165-168 page.

Commodity house business makes an appointment the contract is as divisional as what arrange a contract originally

In hearing dispute of contract of commodity house business, of business of house of the commodity when the agreement that divisional party concludes make an appointment the contract still arranges a contract originally, the true meaning when wanting to join party contract and law, judicatory explains the requirement to important document of form of contract of commodity house business has integrated identification, whether is the key returning existence law at divisional contract or in fact obstacle, bring about contract section clause to be short of the case that break or does not decide. If be put in this kind of case, should maintain commonly to make an appointment contract; If nonexistent this kind of case, no matter close to be with the name why, all should regard commodity house business as the contract.

(write person: On Zhang Chun Xu)

Index: " civil trial guidance and reference " (the 67th collect) 178-184 page.

When the tenant in the auction buys a person for contest, whether to enjoy preferential buy right

The tenant in the auction is enjoyed preferential buy right, but if tenant buys person portion to be patted so that buy with contest,damages advocates after getting thing, people court should not support.

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