■ Look Journalism Legal & nbsp; & nbsp; Reporter correspondent arch segment static method
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. l, t7 B6 [) r" `* kYesterday morning, Gongshu court hearing along with the sale of housing disputes. The house is located in the controversial hushu Village,[url=http://orientalheart###]http://orientalheart###],[url=[第一私募论坛]http://www.simu001.cn]boccondivino###/link.php]woolrich outlet milano], more than 50 square meters, valued at 1.2 million, it is the only aunt Shen Ding Dabo and housing.5 D9 }0 H# q- n9 K( f1 b8 ?4 }; N
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In 2008, they will sell the house, the price of 500 yuan. Buyer is the son and daughter.
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Four years later, the daughter filed for divorce,[url=[第一私募论坛]http://www.simu001.cn]ritex.it/temp.php]moncler outlet milano], division requires this property. The old man anxious, his son and daughter to court, asking them to return home ownership.
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9 Y1 T3 g& \/ ~# ?$ m4 a* f( _Yesterday, four people to court.% U7 z+ I" A& T. K
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Ding Dabo, Shen aunt, son regarded directed at the daughter, said she was despicable means, regretted in a trap. Daughter insisted, is the elderly should take the initiative to sell her house and her husband, she is passive acceptance, there is no reason to go back to the house yet., J1 H) J2 Y: C: U* B
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said he and his wife under the name of the only set of the house, in 2008, the grandson of four years and a half, the daughter asked, can transfer the house to the name of their spouses, because this house is to sell fish bridge elementary school district room.7 X; `4 |4 A8 ~/ ]. g" M% @! v# z
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( a% b* y% o3 D( r9 e9 u) c! A"She told us over and over again to ensure that they are not divorced, if the divorce would not want us to live a house, purely for convenience ya children after school, receive better education."
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He said he and his wife and daughter were both strongly believe, without thinking it agreed to transfer the house, the transfer price 500 yuan, tax 3000 yuan. After that, they also lived in two elderly people.
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| b& O4 D+ P/ r"She filed for divorce, to divide the house. But this is not the real deal! 500 yuan to buy a house in Hangzhou it?" Ding Dabo trembling.) S+ ]0 J* L X" j& h# R$ q, L7 ?& y8 ^
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: R; a3 T1 }( pDaughter, she said the house transfer to the couple, the original is the true meaning of grandfathers and grandmothers.8 N' C( Z3 T( S1 M+ u
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"I am a college student,[url=[第一私募论坛]http://www.simu001.cn]democratie-socialisme.org/spip.php?article3626][第一私募论坛]http://www.simu001.cn]democratie-socialisme.org/spip.php?article3626], good looking, family background and good, but their son was junior high school. They think I am to marry their home, so I married the outset compensation, has said to the house to us. However, Since the sale of the house to pay very high taxes, we have not found the right opportunity. Until 2008, the introduction of preferential policies, tax transaction is lower than the gift to pay taxes. They think it is a good opportunity to put the house sold Tell us signed a housing contract for the sale, transfer procedures do, then they very happy ...... "
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Daughter, said the sale price of $ 500 does not meet the objective reality, because it is a trade name, in fact, the behavior of the gift,[url=[第一私募论坛]http://www.simu001.cn]appaltipubblici.it/link.php]piumini woolrich sito ufficiale], the gift has been completed and full year earlier than the time limit can be revoked.; E/ K; y7 [* R% d# T" `' B
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& p2 U6 ]% z$ J K% z! L4 [Daughter said, but for her husband is unfaithful,[url=[第一私募论坛]http://www.simu001.cn]credac.fr/v2/]nike air max 90], she would not divorce.1 Y2 I h% |/ a: e& q
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"You have to speak conscience!" Ding Dabo pounding the table with your fingers.0 ^( v6 W0 \ T) `- v4 Q3 s
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( a6 M v5 y! T# F- fIn the work of judges, the two sides agreed after court mediation, the judge announced a retirement.! u% n, W) T6 I: e P. H h8 F4 ?
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* ^: v* Q+ @7 @# u% iThe judge said, at present daughter and his wife have agreed to give the appropriate monetary compensation, but there are differences between the two sides in terms of the specific amount,[url=[第一私募论坛]http://www.simu001.cn]kazenoko-club###/bbs/kazenoko-bbs.cgi][第一私募论坛]http://www.simu001.cn]kazenoko-club###/bbs/kazenoko-bbs.cgi], the court needs to do further work. "This case is quite educational. Elderly dispose of their property, especially when significant property, must be careful, deliberate,[url=[第一私募论坛]http://www.simu001.cn]maomida.co.jp/cgi-bin/joyful2/joyful.cgi][第一私募论坛]http://www.simu001.cn]maomida.co.jp/cgi-bin/joyful2/joyful.cgi], such as these two old people, if we had at the time of transfer, and son and daughter signed a supplementary agreement, indicating that the transfer of true intentions, then there will be no such trouble now. "
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' `2 Z/ a) W+ ~) B( N* a500 yuan can not sell the house?# A7 D1 \$ Z0 o; J
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A Mexican law firm limited partner Pan Xiao Fang
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Housing sales market behavior,[url=[第一私募论坛]http://www.simu001.cn]24jq###/home.php?mod=spacecp&ac=blog&blogid=][第一私募论坛]http://www.simu001.cn]24jq###/home.php?mod=spacecp&ac=blog&blogid=], prices are not government-guided prices and government price, individual citizens can freely dispose of all the property, so long as both sides are willing to reach a consensus, 500 yuan, 5 million, 10 million ...... how much money can be sold. Just in time to pay the tax, if the housing sale price and the market price gap is too big, with reference to the market price of the relevant departments may enter into standard charge related taxes.6 w2 B: O: r9 g2 E
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"They are completely civil capacity, both signed on the sale of housing in the word, but also handle the transfer procedures, the contract has been established, effective, and fulfilled. If you insist that is not the true meaning of the expression, to rescind the contract, then must come up with relevant evidence. no evidence, we must bear the corresponding legal consequences. "
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+ O o) a: {9 E; g2 u, xSale or gift can not be revoked?. H* l4 M. g, t$ f: B
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Pan Xiao counsel:2 A! i8 ~' z) }3 ^ X% }1 M! h
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# w. w5 [* a$ AWhether buying and selling homes or gift, it is a contractual relationship. Once the gift of behavior has been fulfilled, houses were delivered, and for the transfer of registration, in general, to go back is useless. {& {# E p! s4 W' S6 e* {
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In some cases, however, the contract has a revocable situation.# f2 f* q V! x
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Contract law, the existence of these circumstances, the parties may request the court to revoke the contract:9 a1 Z$ R2 `( ^ x& W1 ^5 s
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, x- \" G8 G% u2 `2 F. `1. The result of significant misconception concluded;0 w. n# w" G6 S( a% {
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2. When the contract was grossly unconscionable. Party to fraud, coercion or a position of vulnerability, so that the contract entered into by the other party in the case of violation of the true meaning.
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& {& W1 v* ~5 I" b, y( T2 q% VBut there is a time-limited right of revocation, the parties should generally be exercised within one year. "I personally think that this case, even if the contract is entered into obviously unfair, also has been a time-bound exercise the right of rescission."
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. I" z7 R- k' i% C @" hEven if the law entered into the following contracts have no effect:5 a( m2 I3 T& W; ]$ e
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! W- a( m/ k2 p% U, S1 N1. The party to fraud, coercion contract,[url=http://gookk.seesaa.net]http://gookk.seesaa.net], harming national interests;
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2. malicious collusion are detrimental to the state, collective or a third party;
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3. The legal form concealing illegal purposes,[url=http://verdamilio.info/org/spip.php?article327]http://verdamilio.info/org/spip.php?article327],[url=[第一私募论坛]http://www.simu001.cn]boccondivino###/link.php]piumini woolrich];
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4. harm the public interest,[url=[第一私募论坛]http://www.simu001.cn]postyourasian###][第一私募论坛]http://www.simu001.cn]postyourasian###];
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; h$ W7 b, h6 Q( _1 X5. violation of laws, administrative regulations mandatory. Invalid from the outset of the contract is not legally binding.
+ i8 y) ?$ L' ~/ s3 b?Welcome to comment to share: microblogging Recommended (edit: SN017) |
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发表于 2016-1-6 06:16:05