Real Estate Buying And Selling Houses In Overdue Documents On The Legal Issues

Supreme People's Court issued "Supreme People's Court on the hearing real estate sale disputes the interpretation of the law applicable to a number of issues" in 2003, to explain the 18th article of the real estate sale real estate seller to fulfill the party late registration of house ownership certificates in civil responsibility to the provisions just in time for the courts to deal with overdue inter alia. The issue provided a legal basis for civil liability. But how to determine the real estate sale obligations of the parties to the accreditation, inter alia, the obligation to belong to who, inter alia, the period of commercial housing long, or too general law or regulations inconsistent with each other, not a single scale, resulting in practice there are more differences, so that the treatment outcome of similar cases, very different situation, even diametrically opposite, causing the party's dissatisfaction. Therefore, in case I tried combining practice and legal requirements and related theories, pairs of real estate sale involved in late accreditation questions are discussed with a view to Shijichuli commercial housing Mai Mai in the housing when the overdue accreditation-related issues as often as possible Zuodao fair, but also relatively weak tilt on one side, and properly deal with such disputes.This article is divided into six parts.In the first part is the introduction of this subject by the case, by case analysis and thinking, trying to exist in late accreditation of legal issues to be revealed.In the second part of the identification of overdue accreditation, the key is to clear inter alia, the obligations of the principal and the accreditation period. First we summarize the main legal obligations related to the accreditation requirements, and then combined with practice, inter alia, the obligation to identify the principal. And then from a legal point of view how to identify overdue accreditation, and then from the practical point of view overdue accreditation, making the issue of the overdue accreditation an overall understanding.The third part of the reason for overdue inter alia, the formation of the main parties from the contract that the seller, the buyer and the third and four aspects of force majeure, to deal with overdue accreditation of practice, accountability and propose solutions to late accreditation strategy issues are important.The fourth part of the overdue accreditation accountability situation, combined with the second part of the reasons for late accreditation, according to the relevant provisions of law to determine accountability.The fifth part of the overdue accreditation and limitation. Assume responsibility for accreditation in the form of overdue principal obligations to continue to fulfill accreditation and to pay liquidated damages of two, the limitation for the application of greater controversy, the practice is that with more acts to fulfill accreditation for the property or have property attributes, limitation does not apply. The author believes that the obligation to fulfill accreditation limitation does not apply insufficient grounds, should the obligation to fulfill accreditation from the point of view found a contractual obligation limitation does not apply. For the payment of liquidated damages, I do not agree with the current part of the judges will be used daily or monthly calculation of the cumulative nature of liquidated damages determined to continue to claim the statute of limitations two years after the date back by two years to support prosecution of the practice. Because there are no special provisions for the issues should be the strict application of two-year general limitation, once the limitation of action to prosecute, the general does not support, but for the reality of these practices can also provide understanding of the author.Part six of the overdue accreditation to solve the problem of countermeasures. To solve a social problem, the law provides a uniform standard to address the most fundamental approach to this problem, so I think that should accreditation obligations, responsibilities defined. In addition to using the law to solve the problem, but also by the executive of the accreditation to supervise, made a pre-registration system for accreditation and accreditation of integrity in real estate development business forms, also from the perspective of the enforcement of the court to make some response.