Civilian case example: In August 2000, limited company of group of development of some house property signs Cui Mou and Shenyang " contract of commodity house purchase and sale " , bought one place to be located in house of commodity of village of home of Shenyang river Ou Mou, entered in May 2002. Revise the provision of the contract according to bilateral place, inside 3 months since the day that develops a company to should assist Cui Mou to have sex actually in this commodity house, this building authority belongs to the formalities that register to deal with end; If because develop the error of business, estate authority is obtained to belong to certificate inside 3 months since the day that causes Cui Mou to cannot have sex actually in both sides, cui Mou has authority to return a house, development business is divided outside already will receiving house money to retreat Cui Mou, still answer to pay compensation to Cui Mou by the 5 ％ that already received house money total.
After the contract holds water, cui Mou is entered and handed in each duty to expend, but because develop the reason of business, cui Mou fails to handle card extraction a room from beginning to end.
Cui Mou returns a house cannot, sell a room to also do not sell without room card, then Cui Mou offers suit to court of people of Shenyang river area, request court sentences your development business to fulfil a contract, assistance handles card extraction a room, recoup a loss 10 thousand yuan.
The court thinks through cognizance, the behavior that develops business makes break a promise, the agree carries responsibility of breach of contract. The lawsuit according to Cui Mou requests, the scale of 5 ％ penalty due to breach of contract reachs integrated both sides Cui Mou fails to do so that room card place gets actual loss case as scheduled, the court enters a judgement lawfully:
Some deals with Cui of the 30 inside day assistance after the court decision develops business to produce legal effectiveness at this court decision right of this room house belongs to certificate; Adjudicate 10 thousand yuan to development business recoups Cui Mou pecuniary loss.
Legal basis: " estate of People's Republic of China administers a law " the 59th regulation, the country executes land access and building droit to register the system that send card. Into travel building authority is belonged to register, do get building right to belong to certificate, it is house property party undertakes house property transfers the regulation that must abide by, also be lawfully the safeguard that thought fors the time being.
" civil code general rule " the 72nd regulation, acquire property according to contract or other and legal means, property ownership has move from belongings consign, law has a regulation additionally or party has conventional except additionally. Although Cui Mou acquired conventional building actually by contract, but its should acquire the legal right with this entire building, still must explain get building right to belong to certificate. Accordingly, concern between Cui Mou and development business trade the regulation of conduction problem of building property right, be regulation of be good law, forensic court decision gives support, it is correct.
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