最高人民法院关于适用《中华人民共和国物权法》若干问题的解释(一)

 

最高人民法院关于适用《中华人民共和国物权法》若干问题的解释(一)

(2015年12月10日最高人民法院审判委员会第1670次会议通过,自2016年3月1日起施行)
为正确审理物权纠纷案件,根据《中华人民共和国物权法》的相关规定,结合民事审判实践,制定本解释。

第一条  因不动产物权的归属,以及作为不动产物权登记基础的买卖、赠与、抵押等产生争议,当事人提起民事诉讼的,应当依法受理。当事人已经在行政诉讼中申请一并解决上述民事争议,且人民法院一并审理的除外。

上海房产律师解读本条的主要看点在于,在制度上确立,当事人在行政诉讼中(

关于抵押房屋买卖之法律问题

当下,上海房地产市场的热度可以用“火爆”二字形容。随之而来的就是有关房地产买卖合同纠纷的案件增多。

笔者最近接连帮助两位客户处理房地产买卖纠纷中均遇到卖方违约不愿或不能配合进行产权过户交易,因为涉案房屋存在抵押权或法院查封等情形,在此情况下,买方如何选择诉讼策略,如何最大化维护自身利益,有时颇为纠结。

一、法律规定

关于抵押房屋的买卖,随着我国物权登记制度的确立,法律的规定也不断地演化和变更。对于抵押房屋买卖合同的效力的认识也逐步由无效变为有效。

  1.  《担保法》第49条
    第四十九条 抵押期间,抵押人转让已办理登记的抵押物的,应当通

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According to the rules and old practice, realtors in Shanghai, Beijing…

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A recent case intrigues me a lot.

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Landlords always have the same headaches of tenants terminating the lease prematurely. For serviced office providers, this headache…

Is it a good time to buy property in Shanghai China?

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Not everybody has that patience.

According to a Wall Street Journal article “China buzzards

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