Whose name is written on the demolition agreement is whose house?
The demolition compensation and resettlement agreement is an agreement signed between the demolition person, the demolished person and the lessee to clarify the rights and obligations in the compensation and resettlement of house demolition. It is a contract that stipulates the civil rights and obligations between the parties to the demolition, and the General Principles of the Civil Law and the Contract Law apply.
The house belongs to the person who signed the demolition agreement, and the relevant terms are as follows:
1. The name of the person who signed the house ownership certificate on the demolition agreement is his name. The agreement on compensation and resettlement for house demolition is a legal act of both parties to house demolition. The agreement relationship is mainly participated by both parties involved in house demolition, and only one party can not form an agreement relationship;
2. The agreement must be a legal act of both parties to the house demolition. The so-called legal behavior refers to the behavior carried out in accordance with the requirements of the housing demolition regulations.
Can the house demolition agreement be renamed?
1. The house demolition agreement cannot be renamed at will. If the name is wrong, it can be corrected with the consent of the other party;
2. The house expropriation department and the expropriated person shall, in accordance with the provisions of this Ordinance, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period;
3. After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
What if the name on the ID card is different from the name on the demolition compensation agreement?
1. Bring your ID card and the village committee will issue a certificate. Just go to the demolition office and amend the agreement.
2. The name written on the appraisal report is inconsistent with the ID card, which is also to let the village Committee issue a certificate and let the appraisal company modify the name on the agreement. When signing the demolition compensation agreement, the name on the evaluation report must be consistent. If it is not consistent, it is impossible to sign the demolition compensation agreement.
How long is the demolition agreement valid?
The Civil Code does not stipulate how long the house demolition contract is valid, and there is no time limit. It should be valid all the time. As long as the basis of the relevant demolition compensation agreement is legal and effective, its effectiveness will remain unchanged; If the agreement itself is illegal, the agreement itself is invalid from beginning to end. The compensation contract for house demolition is an administrative contract. If there is a dispute over the demolition contract, the limitation of action shall be six months. The agreement on compensation and resettlement for house demolition must include the unit, name and agent name of the demolition party, and the agreement must be signed and sealed by both parties before it has legal effect. Demolition of non rental housing, signed by the demolition and demolition agreement; Demolition of rental housing, the demolition should be taken and the lessee signed an agreement. What needs to be explained here is that the demolition compensation and resettlement agreement concluded by the house managed by the demolition management department must be notarized by the notary office, that is, compulsory notarization. Through notarization, the authenticity and legality of the contents of the demolition compensation and resettlement agreement are guaranteed, which is conducive to eliminating the trustee's doubts about the agreement.
The contents of the compensation contract for house demolition include:
1, demolition compensation method, monetary compensation amount and payment period;
2, resettlement housing area, standard and location;
3, property rights exchange housing price difference payment method and time limit;
4, relocation period, relocation transition mode and transition period;
5, relocation subsidies, temporary resettlement subsidies or stop production and business losses payment standards and payment methods;
6. Liability for breach of contract and dispute resolution;
7. Other terms agreed by both parties.