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With no ownership certificates for housing contract dispute case analysis

Author: HuGuoFeng
Tutor: WuShuangQuan
School: Lanzhou University
Course: Legal
Keywords: City Construction No housing ownership certificates Tax evasion charges Confiscate Handle Fang Quan
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 198
Quote: 1
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Abstract


No sale of housing ownership certificate is not the case, but a common phenomenon, through the people's courts to properly resolve such disputes, to solve the problem of undocumented housing accreditation, not only to eliminate social contradictions, so that people live and work, but also to punish the city building the illegal actions, so that the city construction and management gradually embarked track of healthy development. Based on the housing ownership certificate with no contract dispute case studies, analysis of the nature and the existence of unlicensed houses the reasons put forward creatively conceived feasibility trial of such cases. This paper argues that the reason housing undocumented phenomenon, mainly due to the development, construction units to evade state regulation of city construction, the fundamental motivation is to build evasion should pay fees, taxes and fees, in order to obtain illegal benefits. While being involved in housing does not have the handle housing conditions warrant, but the sale of housing to be effective, buyers who contract rights exist, buyers who have requested in accordance with the contract Sellers who apply for housing ownership certificates for their rights. People's Court in such cases should be the first to land, planning, construction and other relevant government departments to seek, find out what is involved in house belonging to illegal construction must be dismantled or simply belong to incomplete paperwork. If it is incomplete procedures undocumented house, you should entrust an agency involved in the case of housing construction costs, the full market value and obtain a permit required to pay, in back fees, taxes assessed and identified. On this basis, the people's court to make a decision in line four principles: First, on the development, construction units sold for profit housing undocumented forfeiture; Second, due to lower than the market price buyers who buy houses fewer undocumented spending to buy a house confiscated; Third, development, construction units within nine months will handle all the formalities required room warrant retroactive completed, and within twelve months will apply to the purchase of housing certificates in the name, if the developer, construction unit fails to perform accreditation obligations, by its assessment of the amount determined by accreditation bear all fees, taxes and fees; Fourth, litigation costs, appraisal fees borne equally by the parties. Because undocumented housing development, the construction unit complex, housing transactions confusion, how to determine the obligations of undocumented housing transactions in the body is very complex, not only to judge determined according to the contract, but also from the land use rights, development and construction procedures, investment, profit distribution and other aspects into account, and access all the interests involved in housing construction and the unit agreed to acquire benefits, should become the main obligations. The case of creative trial and sentencing, the city administration to be able to solve similar problems may refer to the basis for the formulation of laws and judicial interpretations also has positive significance.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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