Where intermediary services are involved, the legal provisions between Articles 424 to 427 of Chapter 23 of this Law shall also apply.
In the case that the existing legal provisions are not enough to solve the disputes over the sale of real estate involved in intermediary services, according to Article 6 of the General Principles of the Civil Law, civil activities must abide by the law, and if there are no provisions in the law, the provisions of national policies should be observed. You can refer to the relevant provisions in the Measures for the Administration of Real Estate Agents jointly promulgated by the Ministry of Urban and Rural Development, the National Development and Reform Commission and Ministry of Human Resources and Social Security.
2. In the case of disputes over the sale of real estate in the field of marriage and family, if one of the husband and wife sells the real estate owned by * * without the consent of the other party and infringes on the legitimate rights and interests of the other party, the provisions of Article 1 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China shall apply.
3. Real estate belongs to real estate. If it is a gift of real estate, the relevant provisions of the gift contract in Chapter 1 1 of People's Republic of China (PRC) Contract Law shall apply, namely Articles 185 to 195 respectively.
4. Disputes over the gift of real estate in the field of marriage and family, where the divorce agreement between husband and wife reflects the gift of real estate to children, are not applicable to the Contract Law, and the provisions of Articles 8 and 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China are applicable.
5. After the husband and wife get married, if the property purchased by one parent for their children is registered in the name of their children, it shall be deemed as a gift to their children as stipulated in the third paragraph of Article 18 of the Marriage Law.
6. In the real estate sales contract signed by one spouse before marriage, the down payment is paid by personal property, and the other spouse participates in repaying the loan after marriage. If both parties divorce, the ownership of the property shall be negotiated by both parties. If negotiation fails, the repayment party can claim the house as a gift, and the repayment part shall be divided.
7. Before a man and a woman get married, the property purchased by one parent for both parties shall be regarded as a gift to the investor's parents and children, unless the parents clearly express the opposite intention.
After a man and a woman get married, the property purchased by one of their parents for both parties shall be regarded as a gift to both husband and wife, unless the parents have a clear contrary intention.
8. The legal succession procedures and designated succession procedures of real estate shall be governed by the relevant provisions of the Inheritance Law of People's Republic of China (PRC).
The judicial basis is the Contract Law of People's Republic of China (PRC).
Judicial basis: Articles 8, 9 and 22 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.
Judicial basis: Articles 10, 1 1, 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.
Judicial basis: Articles 10, 1 1 2, 13, 14, 16, 28 and 33 of the Law of Succession of People's Republic of China (PRC).