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How long is the validity period of the real estate sales contract in General Principles of Civil Law 2

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How long is the validity period of the real estate sales contract in General Principles of Civil Law 2


        

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  • 2024-06-10 09:00:49

    Many times we will find that no matter whether we are shopping, traveling, studying or working, we cannot do without legal knowledge. We should learn to use the weapons of law to protect our legitimate rights and interests. If your life is facing problems related to the duration of the real estate sales contract in the Civil Code and the consequences of invalid housing sales contracts, you can find answers from the contents of this article.

    List of contents of this article:

    1. How long is the validity period of the real estate sales contract in the Civil Code

    How long is the validity period of the real estate sales contract in the Civil Code

    After signing the house purchase and sale contract, there is no specific period of validity, and the contract will be terminated after both parties perform their obligations as agreed in the contract. In case of contract disputes, the time limit for bringing a lawsuit to the people's court in advance is three years.

    Article 188 of the Civil Code of the People's Republic of China 【 Common limitation of action, maximum period of right protection 】

    The limitation period for applying to the people's court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor.

    If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

    Article 502 Unless otherwise provided by law or agreed by the parties, a legally formed contract shall become effective upon its formation. Where, in accordance with the provisions of laws and administrative regulations, a contract shall go through the formalities of approval, etc., such provisions shall apply. Failure to go through approval and other procedures that affect the effectiveness of the contract shall not affect the effectiveness of the obligation clauses in the contract such as performance of approval and relevant clauses. If the party who should go through the formalities of application for approval fails to perform its obligations, the other party may request it to bear the responsibility for breach of such obligations.

    In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the change, transfer, dissolution and other circumstances of a contract where approval and other formalities shall be handled.

    Is the sales contract valid without the property certificate

    The validity of the house purchase and sale contract shall not be affected if no property ownership certificate is issued during the house purchase and sale transaction, unless otherwise agreed by the parties. Article 209 of the Civil Code of the People's Republic of China [Effectiveness of Real Estate Property Right Registration] The establishment, change, transfer and elimination of real estate property right shall become effective after being registered according to law;

    Without registration, it shall not become effective, except as otherwise provided by law. The ownership of natural resources legally owned by the state may not be registered. Article 215 Unless otherwise provided by law or agreed by the parties, a contract for the establishment, modification, transfer and termination of the real right of a real estate entered into between the parties shall become effective when the contract is formed;

    Failure to register the real right shall not affect the validity of the contract.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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