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Published:

2017-06-05

The transfer of ownership of real estate is registered. Example: when you buy a house without registration, you have already lived in, at this time you do not have the ownership of the house, but bear the risk of loss of the house.

1. civil law

▌ Property Law

▶1. Transfer of ownership

In civil law, things are divided into movable and immovable property.

The transfer of ownership of movable property is subject to delivery. Example: When buying a car, you did not register the car, but you have already driven the car. At this time, the car belongs to you, and the other party cannot return the car on the grounds that you did not pay.

The above extends to a question: can the discarded things be returned?

Can't. When you abandon something, your ownership of it is extinguished. Discarded things become ownerless, and whoever picks them up first acquires ownership of the thing. Therefore, if what you have abandoned is picked up by others, it is not allowed for you to go back on your word and want to come back.

▶2. Bona Fide Acquisition

A person who has no ownership of the property disposes of the property with an unwitting third party, and the third party has paid reasonable consideration. After the third person completes the aforementioned form of transfer of ownership, the third person acquires ownership of the property.

Example: Your husband (wife) sold your house (car) to the unwitting passer-by A without your knowledge. The passer-by A paid a reasonable price and the house has been transferred to him (the car was handed over to him to drive). At this time, the passer-by A acquired the ownership of the house (car) and you cannot recover it.

Theft of stolen goods and lost property do not apply to bona fide acquisition.

▶3. Integration of premises

When the land is mortgaged, the buildings on the land are considered to be mortgaged together. However, after the mortgage, the new buildings on the land are not mortgaged property. However, at the time of auction, the new buildings will be auctioned together.

The same applies to building mortgages.

▌ Contract Law

▶4. Damage payment

If one of the parties to the contract causes damage to your personal property, you can choose the other party to claim liability for breach of contract or tort liability. But you can only choose one of the two, not both.

For example, if you are injured by the driver's negligent driving, you can choose to ask the taxi company to bear the liability for breach of contract or tort liability, because the relationship between you and the taxi company is a contract of transportation.

▶5. Risk

The risk of damage or loss of the subject matter of the contract shall be borne by the seller before delivery and by the buyer after delivery.

Example: After the house is handed over, you have obtained the house key and the house property certificate has not been issued yet. At this time, the house is damaged by the earthquake and you still need to bear the house price.

▶6, the gift of arbitrary revocation rights.

You may repent at any time before transferring the rights to the gifted property to the donee. However, notarization or donations due to moral obligations such as disaster relief and poverty alleviation shall not be reversed.

For example, in an earthquake, a company promised to donate xx yuan, but if it did not donate later, it can be required to fulfill its contractual obligations.

▶7, the practical nature of the loan contract.

The loan contract between natural persons is a practical contract, that is, there is a debit note is not enough, must provide the other party to receive proof of payment.

The bank transfer provides the transfer certificate, the cash provides the receipt issued by the other party.

▶8. The difference between IOUs and IOUs

A loan is the form of a loan contract, while an IOU is the debtor's confirmation of the debt.

▶9. Lease Contract

The term of the lease contract shall not exceed 20 years.

Unless otherwise agreed, the lessor shall bear the responsibility for the maintenance of the leased property.

▶10, the sale does not break the lease.

The sale of the leased property during the lease period does not affect the validity of the lease contract.

Example: You sign a lease contract with the landlord, the landlord sells the house before the contract expires and asks you to move out, you can sue.

Key words:

Hot spots. The upper limit of judicial protection of private lending interest rates determined by the Supreme Court is not a fixed value of 15.4 per cent.

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