mineral resources

Article introduction: Under what circumstances is the signed demolition and resettlement compensation agreement invalid?

1. Laws applicable to the demolition and resettlement compensation agreement

(1) The demolition compensation and resettlement agreement is an agreement entered into by the demolisher, the demolished person, and the lessee to clarify the rights and obligations in house demolition compensation and resettlement. It is an administrative contract that stipulates the civil rights and obligations between the demolition parties. Applicable to relevant laws such as the Administrative Litigation Law, the Administrative Reconsideration Law, the Regulations on the Expropriation and Compensation of State-Owned Land and Houses. Because an agreement is also a contract, certain provisions of the Contract Law also apply.

(2) Article 11 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Litigation Law of the People's Republic of China" stipulates: In order to achieve public interests or administrative management goals, administrative agencies negotiate with citizens, legal persons or other organizations within the scope of their statutory responsibilities and enter into agreements containing rights and obligations under administrative law, which are administrative agreements specified in Item 11 of Article 12, Paragraph 1, of the Administrative Litigation Law. If citizens, legal persons or other organizations file administrative lawsuits regarding the following administrative agreements, the People's Court shall accept them in accordance with the law.

1. Government franchise agreement;

2. Compensation agreement for expropriation of land, houses, etc.;

3. Other administrative agreements.

(3) Article 15 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Procedure Law of the People's Republic of China" stipulates: If the plaintiff claims that the defendant fails to perform in accordance with the law, fails to perform the agreement as agreed, or unilaterally changes or terminates the agreement, and the reasons are established, the people's court may based on the plaintiff's The lawsuit requests a judgment to confirm the validity of the agreement, to order the defendant to continue to perform the agreement, and to clarify the specific content of continued performance; if the Yingting Court believes that the defendant is unable to continue to perform or that continued performance has no practical significance, it shall order the defendant to take corresponding remedial measures; if it causes losses to the plaintiff, it shall order the defendant to compensate.

1. If the plaintiff requests to terminate the agreement or confirm the invalidity of the agreement, and the reasons are valid, the judgment shall be made to terminate the agreement or confirm the invalidity of the agreement, and the matter shall be dealt with in accordance with the Contract Law and other relevant legal provisions.

2. If the defendant unilaterally changes or terminates the agreement due to public interest needs or other legal reasons, causing losses to the plaintiff, the defendant shall be ordered to compensate.

2. Under what circumstances will the signed demolition compensation agreement be invalid?

(1) The Yingting Demolition Group learned that the demolition compensation agreement is a civil agreement reached between the demolisher and the demolished person regarding demolition and resettlement compensation. A valid civil agreement is protected by the law, while an invalid civil agreement is not protected by the law.

(2) An invalid demolition agreement refers to an agreement reached between the demolition party and the demolished person that does not comply with the provisions of national laws and regulations and is confirmed to be invalid by the relevant departments prescribed by law. It will have no legal binding force from the date of the agreement.

According to the relevant laws, regulations, rules and local regulations of our country, the circumstances that cause the demolition agreement to be invalid mainly include the following categories:

1. The demolition agreement signed by the demolisher who does not have the civil rights for demolition and the demolished person is invalid; the demolition agreement signed by the demolisher and the parties not within the scope of demolition is invalid.

2. The demolition agreement signed by an agent who exceeds the agency authority or has no agency authority is invalid.

3. If the person to be demolished is a person without capacity for civil conduct, or the person to be demolished is a person with limited capacity for civil conduct, the demolition agreement entered into with the demolisher shall be invalid.

4. The demolition agreement violates laws and regulations and should be deemed invalid. Mainly include the following situations:

(1) The demolition agreement does not comply with the provisions of relevant approval documents. The demolisher shall demolish the house and its attachments in strict accordance with the approved legal documents, the demolition scope and time limit plan and the demolition plan. If the content does not comply with the provisions of the document plan, the agreement will be invalid.

(2) The demolition process and resettlement-related issues do not comply with the legal provisions on demolition.

(3) One party concludes the contract by means of fraud or coercion, harming national interests;

(4) Malicious collusion to harm the interests of the country, the collective or a third party;

(5) Use legal forms to conceal illegal purposes;

(6) Damage social and public interests;

(7) Violate the mandatory provisions of laws and administrative regulations.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.