Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-28 | Reading times:1196
In practice, the demolition party will find ways to take away the demolition agreement signed by the demolition party. As a result, the demolition party is still unable to obtain the original agreement. The demolition party may even take away the agreement and modify the above information without authorization. In this way, the interests of the people being demolished will be damaged. So, what should I do if the demolition office does not give the agreement?
1. Keep some original documents after signing and never compromise.
In any case, the original legally recognized demolition agreement should be kept in the hands of the person being demolished.
Under normal procedures, the agreement must be signed in triplicate, with each party to the demolition and demolition party holding one copy, and then archiving one copy. In the actual process, at least two copies must be signed, with each party holding one copy, and the demolition party can only take its own copy.
In some places, the demolition authorities will "cheat" the demolished people and take the original documents back and stamp them.
This reason is simply untenable for the official demolition. The villagers gathered at the demolition office, stamped it on the spot, and asked the villagers to take away the original agreement. The demolition party signed the agreement at the door. Without a seal, it was just to let the demolished people step into a set trap.
If the demolition party wants to take away all the signed agreements, the demolition party must not compromise. It must keep an original copy of the agreement and ensure that the content of the agreement is consistent with both parties, leaving sufficient evidence for the demolition party to fulfill the agreement in the future.
Beijing Demolition Lawyers Network specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.
Second, the demolition party cannot be prevented from taking away the agreement and relevant evidence must be retained.
In some cases handled by lawyers from Beijing Demolition Lawyers Network, some of the original agreements of the demolished people were "cheated", and some were forced to sign. When these agreements appeared in court, they were no longer what they were when they were originally signed, and the demolished people were unable to defend themselves.
Once such a situation occurs, it will be very detrimental to the rights protection of the demolished people, so the demolished people must establish a sense of evidence and leave relevant evidence even if they are forced.
If the person being demolished has no way to prevent the person being demolished from insisting on taking away the agreement, then the person being demolished must leave evidence related to the signing status and content of the agreement in an appropriate manner to minimize the risk of the content of the agreement being modified privately. Teacher Shi will give you an example for you to learn from:
1. Sign every page of each agreement and indicate in large letters "None here";
2. Take photos and videos of the process of signing the agreement, focusing on the content of the agreement;
3. Record and collect evidence during the process of oral negotiation between the two parties to determine the content of the contract.
Third, you have no choice but to sign and you need to file a lawsuit promptly.
According to Article 54 of the Contract Law of the People's Republic of China, one party has the right to request the people's court or arbitration institution to modify or cancel the following contracts:
1.Contracted due to major misunderstanding;
2. The contract was concluded unfairly.
If one party uses fraud, coercion or takes advantage of others' danger to cause the other party to conclude a contract against its true intention, the injured party has the right to request the people's court or arbitration institution to modify or revoke the modification requested by the party. The people's court or arbitration institution shall not revoke the contract.
Lawyers remind the demolished people that if the inevitable demolition has been modified, the demolished people must contact the lawyer in time and file legal proceedings quickly. If you want to know more information about this, please consultBeijing Demolition Lawyer NetworkOne-to-one online consultation with lawyers.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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