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House property card one individual name sells secondhand the room needs opinion
From;    Author:Stand originally

■ view a proposal

There is one the individual's name only obviously on house property card, when why clinching a deal truly even does another person agree? A pair of husband and wife, wife privately sells house property and did not ask for so that the husband agrees, the result is bought the home tells a court, return compensate 200 thousand yuan. The personage inside course of study reminds, when processing husband and wife shares belongings, both sides needs special attention.

■ case time put:

Husband is aware of namely break one's promise buys the front yard on domestic horse appeal to the higher court Miss Zhang has area of a the Milky way the property of 6 carry village, the cause that because be too busy,attends sells house v/arc sale at reduced prices. After a week, miss Mai Jiazhou expresses to be interested in the house, those who pass half month see a room, check book, contact and understanding, miss Zhou decides to buy this to cover a house. Then, buyers and sellers, intermediary was signed together " building business contract " .

After tripartite is signed about, buyers and sellers still needs to deal with mortgage loan procedures, be in trade right now appeared problem. Risk the gentleman of king of Miss Zhang husband that come out suddenly to express, trades building is the mutual belongings after two people marriage, he is not willing to sell a house however, so, the contract buying a house that signs before is invalid. Come so, miss Zhang also can go back on his word only state the house does not sell. The bewilderment after Miss Mai Jiazhou receives this information, because house property evidence is examined before oneself when, there is Miss Zhang only above one the individual's name, miss Zhang still tells her to need not agree to be able to deal with through the husband at that time house, why is the opinion of her husband so principal now?

In other words, the time that sees a room and energy were wasted for nothing so, miss Zhang will sell to tell a court under Miss Zhou stretch, ask Miss Zhang pays a room price 20% namely 200 thousand yuan make penalty due to breach of contract. Final court sentences Miss Zhou to win the lawsuit.

■ dispute is right wrong:

Other obligee interest also personage of major of law Wu ministry analyses important all-round victory, the case is here medium, on the property right certificate that Miss Zhang place sells a house only Miss Zhang him young lady name, and before be being bought, miss Mai Jiazhou had undertaken examine and affirming to this property right. Be opposite according to our country praedial the legal provision that register, praedial content counterpoises establish, change, make over and be being eliminated is become effective condition in order to register. Trade in buying and selling accordingly in the process, miss Zhou maintains Miss Zhang to be the complete obligee of the building, signed with its " building business contract " .

On the other hand, although Miss Zhang states the building is husband and wife shares belongings, but this case is the building business concern between party of buyers and sellers. Below the condition that did not show to buyer week young lady in Miss Zhang the building still has other obligee, what sign " building business contract " what did not violate regulation of our country legislation is mandatory regulation. Integrated consideration above at 2 o'clock, the court decides the contract that bilateral place signs is active contract.
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