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What happened to the demolition agreement?
Home page >> Ying Ting Information >> Legal information
Article author：Yingting Lawyers Group | Update time：2019-08-09 | Reading times：232
Ying Ting!
DemolitionAn agreement is an agreement signed after the compensation issues have been negotiated.
AgreementDemolition, mainly refers to the developer taking the initiative to negotiate with the owner of the house.Demolitionmatter without going through legal collection procedures, a specific type ofDemolitionbehavior.
Secondly, the agreementDemolitionIt's probably happening to you and me.
Because of the agreementDemolitionIt is mainly led by developers and has the characteristics of commercial activities, soDemolitionThe compensation may be generous, but it will also bring about some problems that we need to pay special attention to.
AgreementDemolitionIs it legal?
agreementDemolitionWhat's going on?
Expropriation must be a national act, led and responsible by the government. This is true for both cities and villages.
Article 8 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" stipulates that the expropriation of houses on state-owned land requires a house expropriation decision made by the people's government at the municipal and county levels, and a social risk assessment is also required. The expropriation and compensation fees must be paid in full, stored in a special account, and used for special purposes.
Articles 44 and 45 of the "Land Management Law" stipulate that land expropriation needs shall be approved by the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. At this time, the house, as an attachment to the ground, isDemolitionCompensation should be made in accordance with the rules of Article 47 of the Land Management Law, and the principle is not to reduce the original living standard.
Therefore, the expropriation of houses or land is an act carried out for social construction. Whether it is the expropriation of houses on state-owned land or the expropriation of collective land, it must be carried out in accordance with laws, regulations and procedures. because of the agreementDemolitionIt does not belong to any of the above-mentioned nominal expropriations, so there is no room for legal existence.
AgreementDemolitionWhat is the greatest danger?
agreementDemolitionWhat's going on?
AgreementDemolitionOften applied to commercial development projects.
vast quiltDemolitionPeople need to be highly vigilant: because of the agreementDemolitionIt is not a government expropriation in the general sense, but a civil contractual relationship established based on an agreement between civil subjects on the premise of equality and voluntariness. Therefore, the agreementDemolitionThe "compensation agreement" reached is a civil agreement and not an administrative act.
In practice, the agreementDemolitionThere are countless examples of breach of contract.DemolitionThe cost of safeguarding people's rights is often very high. Even if both parties go to court, if the developer has no money, he will beDemolitionIt is generally difficult for people to obtain compensation. In this case, beingDemolitionIt is simply difficult to guarantee human interests.
Encountered an agreementDemolition, what to do?
agreementDemolitionWhat's going on?
During the collection process, individualDemolitionIn order to "simplify the procedure", it is often in the name of agreement.DemolitionIn the name of the project, the developers went to the battlefield to negotiate with the people. The latter's interests come first, in order to speed upDemolitionTo achieve their goals, various unfair means such as forced signing and fraudulent signing of agreements are often used to achieve their goals. Some wereDemolitionPeople didn't know what was going on and signed the contract in a daze.DemolitionAgreement, the results put themselves into a passive situation of rights protection.
Therefore, when encountering an agreementDemolitionwhen, wasDemolitionPeople need to "keep their eyes open" to understand this timeDemolitionThe nature of the project is led by developers or the government. If it is the former, theDemolitionPeople must be extra careful, start with the validity of civil agreements and other aspects, comprehensively evaluate the risks, and try not to agree to such illegal agreements.Demolition.
If it is led by the government, Jingping Lawyers would like to remind the general public toDemolitionPeople, legal land acquisitionDemolitionIt must be carried out in accordance with legal procedures. For example, land acquisition must be announced in accordance with the relevant provisions of the Land Management Law, such as the proposed land acquisition announcement, land acquisition announcement, and land acquisition compensation and arrangement plan announcement. Each procedure is interlocking and indispensable. When necessary, beDemolitionTo protect their legitimate rights and interests, people can seek relief through legal channels. Often, professional land acquisitionDemolitionThe intervention of a lawyer can help the defendantDemolitionPeople achieve more satisfying compensatory outcomes.
DemolitionAn agreement is an agreement signed after the compensation issues have been negotiated.
AgreementDemolition, mainly refers to the developer taking the initiative to negotiate with the owner of the house.Demolitionmatter without going through legal collection procedures, a specific type ofDemolitionbehavior.
Secondly, the agreementDemolitionIt's probably happening to you and me.
Because of the agreementDemolitionIt is mainly led by developers and has the characteristics of commercial activities, soDemolitionThe compensation may be generous, but it will also bring about some problems that we need to pay special attention to.
AgreementDemolitionIs it legal?
agreementDemolitionWhat's going on?
Expropriation must be a national act, led and responsible by the government. This is true for both cities and villages.
Article 8 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" stipulates that the expropriation of houses on state-owned land requires a house expropriation decision made by the people's government at the municipal and county levels, and a social risk assessment is also required. The expropriation and compensation fees must be paid in full, stored in a special account, and used for special purposes.
Articles 44 and 45 of the "Land Management Law" stipulate that land expropriation needs shall be approved by the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. At this time, the house, as an attachment to the ground, isDemolitionCompensation should be made in accordance with the rules of Article 47 of the Land Management Law, and the principle is not to reduce the original living standard.
Therefore, the expropriation of houses or land is an act carried out for social construction. Whether it is the expropriation of houses on state-owned land or the expropriation of collective land, it must be carried out in accordance with laws, regulations and procedures. because of the agreementDemolitionIt does not belong to any of the above-mentioned nominal expropriations, so there is no room for legal existence.
AgreementDemolitionWhat is the greatest danger?
agreementDemolitionWhat's going on?
AgreementDemolitionOften applied to commercial development projects.
vast quiltDemolitionPeople need to be highly vigilant: because of the agreementDemolitionIt is not a government expropriation in the general sense, but a civil contractual relationship established based on an agreement between civil subjects on the premise of equality and voluntariness. Therefore, the agreementDemolitionThe "compensation agreement" reached is a civil agreement and not an administrative act.
In practice, the agreementDemolitionThere are countless examples of breach of contract.DemolitionThe cost of safeguarding people's rights is often very high. Even if both parties go to court, if the developer has no money, he will beDemolitionIt is generally difficult for people to obtain compensation. In this case, beingDemolitionIt is simply difficult to guarantee human interests.
Encountered an agreementDemolition, what to do?
agreementDemolitionWhat's going on?
During the collection process, individualDemolitionIn order to "simplify the procedure", it is often in the name of agreement.DemolitionIn the name of the project, the developers went to the battlefield to negotiate with the people. The latter's interests come first, in order to speed upDemolitionTo achieve their goals, various unfair means such as forced signing and fraudulent signing of agreements are often used to achieve their goals. Some wereDemolitionPeople didn't know what was going on and signed the contract in a daze.DemolitionAgreement, the results put themselves into a passive situation of rights protection.
Therefore, when encountering an agreementDemolitionwhen, wasDemolitionPeople need to "keep their eyes open" to understand this timeDemolitionThe nature of the project is led by developers or the government. If it is the former, theDemolitionPeople must be extra careful, start with the validity of civil agreements and other aspects, comprehensively evaluate the risks, and try not to agree to such illegal agreements.Demolition.
If it is led by the government, Jingping Lawyers would like to remind the general public toDemolitionPeople, legal land acquisitionDemolitionIt must be carried out in accordance with legal procedures. For example, land acquisition must be announced in accordance with the relevant provisions of the Land Management Law, such as the proposed land acquisition announcement, land acquisition announcement, and land acquisition compensation and arrangement plan announcement. Each procedure is interlocking and indispensable. When necessary, beDemolitionTo protect their legitimate rights and interests, people can seek relief through legal channels. Often, professional land acquisitionDemolitionThe intervention of a lawyer can help the defendantDemolitionPeople achieve more satisfying compensatory outcomes.
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