1. Can minors sell their own houses?
I can't. The house sales contract signed by minors is invalid or the effect is to be determined. A contract with undetermined validity shall be invalid without ratification by the legal guardian.
Reasons and legal basis:
According to the General Principles of the Civil Law, minors under 10 are persons with no capacity for civil conduct, and minors over 10 are persons with limited capacity for civil conduct, so they need legal representatives to handle civil activities on their behalf.
Paragraph 1 of Article 58 of the General Principles of Civil Law of People's Republic of China (PRC): A civil act committed by a person without capacity for civil conduct is invalid.
Article 47 of the Contract Law stipulates that a contract concluded by a person with limited capacity for civil conduct shall be valid after ratification by the legal agent, and a contract without ratification shall be invalid.
For example:
/kloc-Xiao Zhang, 0/6 years old, sold all his houses to Mr. Wang by himself through an intermediary company. On the same day, the two parties signed a house sales contract, and at the same time, Xiao Zhang charged Mr. Wang a down payment of/kloc-0.5 million yuan. Three days later, when Xiao Zhang's father knew that Xiao Zhang had sold the house, he immediately contacted the intermediary company to explain that Xiao Zhang was a minor and asked to cancel the signed contract, saying that he would not continue to perform the contract. However, without the consent of the buyer, Xiao Zhang's father appealed to the court to declare the house sales contract invalid.
The court ruled that:
The court confirmed that Xiao Zhang was indeed a person with limited capacity for civil conduct, so it ruled that the house sales contract signed by Xiao Zhang, the person with limited capacity for civil conduct, with Mr. Wang and a third-party intermediary company was invalid, and Xiao Zhang returned the deposit paid by Mr. Wang of 6.5438+0.5 million yuan.
The law provides that:
Article 47 of the Contract Law stipulates that a contract concluded by a person with limited capacity for civil conduct is invalid without ratification by the legal representative. However, if the contract is purely beneficial, or is concluded according to its age and intelligence, it is not necessary to be approved by the legal representative.
Second, how to sell the house for minors?
If the child is underage and the property is registered in the child's name, the guardian (parents) should handle the sale of the house on his behalf. The most important step in selling the property under the name of minor children is to do guardianship notarization, declare that it will not harm the interests of the ward, and ensure that all the proceeds from the sale of the house will be used for the study and life of the ward, and then bring the notarial certificate and other relevant materials before going through the formalities of property transfer.
Notarization of guardianship before selling the house:
Handling guardianship notarization is divided into two steps: first, calling the materials required by the notary office, and then taking the materials to the notary office for guardianship notarization.
1. Consult the notary office in advance.
According to the family situation, consult the notary office for the materials needed for guardianship notarization.
2. Bring the necessary materials to the notary office for guardianship notarization.
Materials required:
1) Valid identification documents of the guardian and ward.
2) Resident register of guardians and wards,
3) If entrusting others, provide the identity certificate of the trustee and the handwritten power of attorney (indicating who entrusted to handle what notarization and my signature).
4) Guardian's certificate.
A kinship letter issued by the local police station or the parents' file storage unit;
B. If the birth of the child has been notarized before, the original notarial certificate can be provided;
C. Birth medical certificate
Just bring one.
5) Other conditions required by the notary office.
After completing the notarization of guardianship, parents can bring the notarization of guardianship and necessary materials to sell the property under the name of minor children.
Special reminder:
If the buyer borrows a loan, the seller shall submit a letter of guarantee for the sale of the property for the benefit of minors to the bank, and the guardian shall sign it.
Third, what problems should minors pay attention to when selling houses?
The following five aspects are some problems that may be encountered in daily life.
Q 1: Is it easy to sell a house under the name of a minor?
A: Relatively limited. In many cases, only a few banks in Beijing will issue loans if buyers choose loans to buy a house. In other words, many banks are reluctant to mortgage their houses in the name of minors, also to prevent disputes in the future.
Q2: Are all minors persons with limited capacity or persons without civil capacity?
A: Not necessarily. A person who is above 16 and below 18 and whose main source of income is his own labor is regarded as a person with full capacity for civil conduct. A contract signed with others is valid if its contents are legal.
Identification of persons with capacity for conduct
Q3: Since selling a house is so troublesome, can parents get it back?
A: Of course, you can't get it back without authorization. If it is for children, parents can terminate the transfer process at any time before handling the transfer. However, if the transfer procedures have been completed, then according to the property law, the property rights of the house have also been more clearly protected. Children have obtained the property rights of houses, that is, houses donated, and shall not be revoked without authorization, except in the following circumstances stipulated by law.
1) The donor fails to perform the maintenance obligation;
(two) serious infringement of the donor or the donor's close relatives;
3) Failing to perform the obligations stipulated in the gift contract.
Q4: Both parents contribute money to buy a house for their children. Who owns the house after divorce?
A: At the time of divorce, parents can't divide the house, and the house is temporarily managed by the party who has obtained custody of the children. If it is really necessary to sell, the manager shall also obtain the consent statement signed by the original spouse. The property under the children's name can only be disposed of after the guardian has obtained the notarization of guardianship.
Q5: What's the situation? For the benefit of the ward? ?
A: According to judicial practice, the following situations can be identified as? For the benefit of the ward? ：
1) Parents, as guardians, handle minors' real estate for their educational needs, such as paying tuition fees.
2) Parents as guardians deal with minors' real estate for their health needs, such as medical care.
3) According to the second paragraph of Article 32 of the Tort Liability Law? If a person without capacity for civil conduct or a person with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. ? Parents as guardians pay tort compensation for minors and need to deal with the property of minors.
4) When the minor's house property is demolished according to law, the guardian's parents will sign a house demolition compensation agreement with the demolition department to deal with the minor's house property without giving up the right to compensation for house demolition.
5) When parents, as guardians, need to sell their old houses to buy new houses for minors in order to improve their living conditions, and the value of the new houses purchased is equal to or greater than that of the old houses, the property of minors shall be disposed of.
Therefore, buying a house in the name of a child has advantages and disadvantages!
How about buying a house and naming the child?
In short, the property under the minor's name needs to be disposed of by the guardian, and it is necessary to submit the guardianship notarization and the guardian's interest guarantee.
Source:
law of property
law of contract
general rules of civil law