Dissertation > Excellent graduate degree dissertation topics show

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
Read: Download Dissertation


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.

Related Dissertations

  1. Study on Tourist Spatial Structure in Jaozuo,TU984.18
  2. Study on the Theories and Methods of Eco-city Construction Planning,X171.4
  3. Study on Construction Planning and Index System for Ecological Civilization City,F299.2;F224
  4. Ecological Carrying Capacity Analysis and Eco-city Construction of Fuzhou City,X321
  5. The Theoretical and Demonstration Research on Urban Construction System,F224
  6. Several Thinkings of the Ecotypic City Construction in SongYuan City,F299.27
  7. The Mechanism of Ecocity Construction from Perspective of Urbanization and Ecological Transition,F299.2
  8. Automotive advertising research - a kind of communication ritual view perspective,F713.8;G206
  9. The Research of Traffic Impact Evaluation about Urban Construction Project,U491
  10. A Research on the Ideological and Political Work in the Building of Eco-city,D64
  11. The Innovation Perspective Chongqing Ecological City Construction of,F299.27
  12. Study on the Integrity of Anshan Construction Bank’s Service Channel,F832.2
  13. Investigation on Indoor Air Quality of Building,X51
  14. Philosophical Thinking on Eco-city Construction,X2
  15. Interactive Technique for Three-dimensional City Modeling and Building Layout,TP391.41
  16. Reflection on Typical Eco-city Construction in China,TU984.115
  17. The Study on the Target and Influence Factors of Eco-Construction Planning for Anqiu City of Shandong Province,TU984.115
  18. Research of the Human Ideal and Practice of City Construction in China,F299.2
  19. Complementary ideas based on hierarchical Ecological Environment Quality Evaluation Method and Application,X826
  20. Research on Status and Issues of Planing University City in China,TU984.14

CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
© 2012 www.DissertationTopic.Net  Mobile