I. Legal provisions on the transfer of management rights
The transfer of the right to operate a store is a civil legal act in which the lessee transfers the leased lessor's store, including the facilities and articles in the store, to the transferee for compensation, and the transferee continues to lease the store for operation. If the contractual management right of land is exchanged or transferred according to law, the parties may apply to the registration authority for registration. Without registration, you may not be able to fight well-intentioned third parties.
Second, the difference between ownership and management.
(1) Different definitions: Ownership: Ownership is the right of all people to possess, use, benefit and dispose of their own property according to law.
Management right: Management right refers to the right of an enterprise to possess, use and dispose of the property authorized by the state.
(2) Different characteristics: ownership: it has three characteristics: absoluteness, exclusiveness and continuity.
Management right: the characteristics of self-management, self-financing, self-development and self-restraint.
(3) different rights:
Ownership: You can legally own, use, profit from and dispose of your own property.
Management right: you can possess, use and dispose of your own property according to law.
(d) Different holders: ownership: only mine.
Management right: generally belongs to me, but it can also be transferred to others according to laws, administrative orders and the wishes of the owners.
Third, is the transfer of management rights legal?
It depends on the specific situation. Land contractual management rights obtained through household contract can be transferred by subcontracting, leasing, exchange, transfer or other means according to law. However, the transfer of management rights of individual industrial and commercial households is illegal.
Article 32 of the Rural Land Contract Law stipulates that the land contractual management right obtained through household contract can be transferred by subcontracting, leasing, exchange, transfer or other means according to law. Paragraph 2 of Article 10 of the Regulations on Individual Industrial and Commercial Households stipulates that if an individual industrial and commercial household changes its operator, it shall re-apply for registration by the new operator after cancellation of registration.
The above is the relevant knowledge about the legal provisions on the transfer of management rights. What are the business transfers of shops in the Law on the Transfer of Shop Management Rights? The lessee transfers the leased lessor's store, including the facilities and articles in the store, to the transferee for compensation, and the transferee continues to lease the store for business.