Civil / Yang Cheng sends reporter Deng Wei east
Caricature / Chen Chunming
The contract son fall out that father signs not acknowledge a debt
Land gentleman is the former resident of the village in Guangzhou some city, for generations lives here, arrived his this generation, there is 3 to cover in all on the hand curtilage base house property.
When 2008, have friend introduction, say somebody wants to buy curtilage base property, because price of this kind of house property is not expensive, want only and former owner is friendly get along, oneself can have a relatively fixed dwelling place.
Many people are known perfectly well curtilage base property cannot be made over also picture of data of evening paper of wall of sheep of defy the law
Land gentleman is in business old, capital have enough to meet need needs all the time in the hand, two when go up with respect to handle then curtilage course of study sold base content to go out respectively.
Actually, buyers and sellers is to know at that time curtilage base property is to cannot trade of change the name of owner in a register, so they signed building business contract only, agree buy a fund of one-time paid house, the access of the house returns buy the home all. Meanwhile, buyers and sellers still was dealt with to content tube point will use person name pay in order to make in the future the formalities of all sorts of charge.
10 years are lain between when, afore-mentioned two trade all the time live in peace with each other.
How know the son of land gentleman was arranging the home recently in sundry when the sell one's own things that turns over old father to be signed in those days unexpectedly curtilage base property contract, feel old to pa sells the price under scrutiny low, very be in an unfavorable situation.
More besides, those two houses are on edge of Pearl River new city, very costly now, if can be striven for,come back, in the future also is the industry that belongs to his.
Then, the son of land gentleman buys two to the court directly the home was accused, put forward to affirm business contract is invalid, oneself want what should come back the house to appeal to beg.
Caricature / Chen Chunming
Lawyer argument: Our country public proclamation prohibits curtilage base is made over, enter close trade to be in an unfavorable situation eventually
The country believes Chen Ruilian of office of the attorney that believe raise's lawyer to say, our country law sets: Curtilage base is village collective to this collective interior the villager is used, only with the land that will build a house villager ability is used, and public proclamation prohibits curtilage base property and its access buying and selling, make over (inside stationery substance is as follows) :
Base curtilage access must not be made over alone, have following make over one of circumstances, should maintain invalid:
- Town dweller is bought; Legal person or other organization are bought; The transferor undertakes approving without collective organization; Make over to the person beyond collective organization member; Alienee already had housing, do not accord with base allocate a condition curtilage.
Chen Ruilian's lawyer points out, the court is signed under the counter to lawbreaking regulation make over curtilage the contract of base property, offend above state, same meeting affirms the contract is invalid.
The consequence that signed invalid contract is bilateral beard return severally return earning: Use just should return the house owner, owner should return the money that return a house to give buy the home.
Sign under the counter make over curtilage base property contract can be regarded as invalid plan / visual China
If " buy the home " request compensation, owner can be instructed to compensate for the part that buy the home to decorate cost or house money commonly. This kind breaks the law trade, actually " buying and selling " both sides has a loss.
Chen Ruilian's lawyer says, everything violates the contract of state law code, do not get legal protection not only, a lot of moment still can bring the trouble of needless contradiction for the family.
In this case, "Buy the home " think collected defecate appropriate, was to miss the inning that can buy commodity house in those days actually;
And owner goes back on his word to want turn from side to side one time now because of the son, feeling of father and son is harmed badly for certain, and prepare a large sum of money to return even now still " buy the home " all sorts of compensation that house money raises with its.
If the present circulating fund in land gentleman home is not much, raise money also is not an easy thing, so, abide by the law trading just is road.
Origin | Yang Cheng is sent
Editor-in-charge | Xue Zhi of Zhan Qing trainee Cai
