for the property with complete property rights, the property owner has the right to possess, use, benefit and dispose of it, and no one can interfere with it. Article 52 of the Contract Law has no < P > effect under any of the following circumstances: (1) One party enters into a contract by fraud or coercion, which harms the national interests; (two) malicious collusion, damage the interests of the state, the collective or the third party; (3) Covering up illegal purposes in a legal form; (four) damage the interests of the
society; (5) Violating the mandatory provisions of laws and administrative regulations. Generally speaking, the first four provisions will not cause everyone's concern. What everyone is most worried about is the fifth provision. Is the provision that Shanghai cannot transfer or lease
for less than three years a mandatory provision of administrative regulations? The following points are made to solve this problem: First, is the Trial Measures for the Management of Supporting Commercial Houses and Medium-and Low-priced Ordinary Commercial Houses in Shanghai formulated by the Shanghai Real Estate Resources Bureau a
administrative regulation, the People's Republic of China and the national legislation? This clause makes it clear that the main body of administrative regulations is the State Council, so the trial measures do not belong to administrative regulations. Secondly, the stipulation that the trial law office cannot be transferred only stipulates that the registration of property right change of real right cannot be handled, and the contract effect in the sense of creditor's rights is not denied, so it does not affect the effectiveness of the house sales contract. To sum up, the house sales contract signed by the buyer and the seller is legal and valid.
2. After all, it will take three years to transfer the house, and the time span is relatively long. The risk of buying this kind of house will be greater than that of buying ordinary houses. When buying such houses, we should pay attention to guard against these legal risks: (1) For houses that have not yet obtained the property ownership certificate, we should pay attention to verifying the relocation and resettlement agreement and ask the relocated people and the residents to sign the relocation and resettlement agreement. The person who signed the relocation agreement may only be the relocated person
, but the legal cohabitant is the person who relocated the house. Therefore, when purchasing the house whose real estate license has not yet come out, it must be required to live together and sign the sales contract. (2) The content of the house sales contract is very important, and the agreement should be as detailed as possible, and the terms such as payment method, house delivery, transaction transfer, tax burden, household registration, mortgage and breach of contract should be as comprehensive as possible, especially the setting of breach of contract terms, which should be both legal and able to restrict the other party's breach of contract. If the liquidated damages are set too high, the law will not protect them, and if the agreement is too low, it will not restrict the other party. Therefore, we must pay attention to the setting of breach of contract terms.