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Chapter 334 Disputes over Illegal Construction Sales Contracts (12)

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    ?

    Li Yike was delighted in his heart, but he didn't show the slightest bit on his face. He replied: "From a legal point of view, the constituent elements of a legal act include (1) having parties, objects and content; (2) expressing interest; (3)  The purpose is to set the rights and obligations between the parties. The effective elements of a legal act include (1) a qualified subject; (2) the expression of intention must be true; (3) the content does not violate the law or social morality; (4) the content must be determined  and the possibility of performance; (5) The form must meet the statutory requirements."

    There was no superfluous expression on Tan Han's face, which made it impossible for people to see her true thoughts at the moment.

    Li Yike went on to say: "After a legal act takes effect, it can cause the creation, change or elimination of the rights and obligations between the parties. The disposition (property rights) in the illegal construction sales contract cannot be registered due to the illegal construction. Disposition (property rights)  ) behavior can not be determined, but there is no doubt that the act of disposition (property rights) has the constituent elements of a legal act, but there are still doubts about whether it can take effect.  Interpretation (1) Article 9, paragraph 1: According to the provisions of the second paragraph of Article 44 of the Contract Law, laws and administrative regulations stipulate that the contract shall go through approval procedures, or go through approval, registration and other procedures before it becomes effective.  If the parties have not yet gone through the approval procedures, or have not gone through the approval and registration procedures before the conclusion of the court debate, the people's court shall determine that the contract has not taken effect; laws and administrative regulations stipulate that the contract should go through the registration procedures, but it does not stipulate that the contract will become effective after registration.  , the failure of the parties to go through the registration procedures does not affect the validity of the contract, the provisions of the contract subject matter ownership and other property rights cannot be transferred, the contract needs to go through approval, registration and other procedures to take effect, if the approval and registration procedures have not been completed, the contract is not effective. In addition  According to the provisions of Articles 6, 9, 14, 15, 20, 30, and 31 of the "Property Law", the change and transfer of real property rights shall become effective after being registered in accordance with the law;  Article 44 of the "Contract Law" shall apply to the disposition (property rights) of the illegal subject matter: "Where laws and administrative regulations stipulate that approval, registration, etc.  .  "Because the construction behavior is illegal, the transfer registration cannot be carried out, and the disposition has not taken effect. After that, if the illegal building is corrected to be a legal building, the real estate registration procedures can be handled, and the disposition (property) will take effect, and the buyer and the seller can perform the contract according to the agreement.  On the contrary, you can request to terminate the creditor's rights contract according to the provisions of Article 93 (4) of the "Contract Law" that "the purpose of the contract cannot be realized".

    Yuan Wu wanted to say something, but at this moment there seemed to be endless thoughts churning in his mind, like beans being boiled in boiling water. He wanted to grab one of them, but he didn't know which one was useful.

    Qin Han moved his body, and then asked: "Do both parties have anything to add to the case?"

    Li Yike said: "No."

    Yuan Wu said, "No."

    Qin Han said: "Then today's trial will end here and the court will be adjourned."

    Yuan Wu is gone, so why don't you ask him?  !

    Yuan Wu was a little frustrated.

    ?Out of the court, Li Yike asked Wu You: "Brother, do you think we can win this lawsuit?"

    Wu You didn't know either. This lawsuit can only be said to win and lose. He patted Li Yike on the shoulder and said approvingly: "Yike, you performed very well today!"

    Li Yike was ashamed, but was delighted by Wu You's affirmation.  (Remember the site URL: www.hlnovel.com
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