Generally speaking, it refers to a lawyer who is qualified as a lawyer in People's Republic of China (PRC) and mainly provides litigation or non-litigation legal services in real estate.
Usually, due to the diversity of social relations, real estate lawyers will more or less involve other legal issues when dealing with legal issues in the real estate field, such as corporate mergers and acquisitions, marriage and inheritance. For this reason, real estate lawyers are generally defined as mainly engaged in real estate legal services and real estate-related legal services.
Edit the origin of the classification of real estate lawyers in this paragraph.
Lawyers originated in ancient Rome.
* * * The lawsuit against Rome (5 10 BC or 509-30 BC) must be conducted according to the notice and legal procedures of the consul or legal officer.
Due to the increasing number and complexity of laws and notices, the parties need the assistance of people familiar with the law in litigation, especially in court debates. Therefore, from the end of the * * * system to the beginning of the imperial system (BC 1 the second half of the century), there appeared the guardian.
By the end of the 5th century, defenders must study law and obtain qualification in a major city.
They gradually formed an industry, formed their own professional groups and became full-time lawyers.
China did not establish a lawyer system for a long time during the feudal system.
Lawyers were first mentioned in the Criminal and Civil Procedure Law of the Qing Dynasty drafted by 19 10 in the late Qing Dynasty. Later, in the legislation of China Beiyang government and Kuomintang government, there were provisions on lawyers and defense system.
According to the stipulation of Constitution 1954 that "the defendant has the right to defense", People's Republic of China (PRC) has established lawyers' associations and legal advisory offices in some large and medium-sized cities, and gained some experience.
After that, it was interrupted for a time and gradually recovered from 1979.
In August, the 15th meeting of the Standing Committee of the Fifth NPC formally passed the Provisional Regulations on Lawyers in People's Republic of China (PRC), which made systematic and detailed provisions on the new lawyer system.
According to the Provisional Regulations, lawyers are legal workers of the state, whose task is to provide legal aid to state organs, enterprises, institutions, social organizations and citizens, safeguard the correct implementation of laws, and safeguard the interests of the state and the collective as well as the legitimate rights and interests of citizens.
On May 1996, the 19th meeting of the Standing Committee of the Eighth NPC passed the Lawyers Law of People's Republic of China (PRC), which was revised twice on February 29th, 2006 and on October 28th, 2007.
According to the Law on Lawyers, a lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepts entrustment or assignment, and serves his clients according to law.
With the development of social economy and the change of social process, the current social relations and civil relations tend to be complicated and specialized, and laws and regulations in various fields are gradually improved and enriched. The lawyer industry urgently needs to provide customers with subdivided services in order to provide more professional legal services for the people. Under this condition, the lawyer industry has been increasingly subdivided into professional lawyers such as company lawyers, marriage lawyers, criminal lawyers and real estate lawyers.
Only professional lawyers who are proficient in related fields can provide people with more professional legal services in related fields.
Edit this career profile.
Real estate lawyers are emerging professional lawyers in China, and there are few real estate lawyers nationwide at present.
Real estate lawyers mainly serve people and real estate companies, including company consultants, real estate litigation, real estate investigation, real estate analysis and so on. Engaging in this profession requires not only a solid legal foundation, rigorous thinking, strong oral expression ability, strong ability to analyze, handle and solve problems, but also working experience in real estate companies or familiarity with the reform and development process of China real estate market.
Edit this work 1, legal advice
For the people, real estate agents or real estate companies, all kinds of real estate law consulting services.
2. Buy with a lawyer
In the process of second-hand housing transactions, subjective or objective reasons, such as disputes caused by yin-yang contracts and unclear stipulations in real estate contracts, are likely to cause defects in the process of second-hand housing transactions, leaving hidden dangers for the subsequent process. Lawyers accompany clients all the time and help clients to review contracts and procedures, which can effectively avoid subsequent disputes.
3. Property analysis
Separation, divorce, death of property owner, etc. Need to analyze the property. With their professional experience, real estate lawyers can witness, litigate and mediate this process, and can properly handle real estate analysis for clients.
4. Real estate survey
In the case of divorce or creditors hiding property, it is often necessary to investigate the income of the other party. Real estate lawyers can use professional experience to help clients investigate each other's hidden property and recover losses.
5. Inheritance of property
The property owner needs a lawyer to witness the will, or the property owner entrusts a lawyer to execute the will when he is alive.
In addition, disputes arising in the process of real estate inheritance can also be mediated and litigated through real estate lawyers.
6. Real estate litigation
Real estate disputes such as commercial housing disputes and second-hand housing disputes require real estate lawyers to provide professional legal services according to relevant laws and regulations and industry experience.
7. Purchase of real estate loans
Real estate lawyers are familiar with the relevant procedures, policies and regulations of real estate loans, which can save time for customers, provide simple and reasonable loan schemes and strive for a higher loan ratio.
8. Corporate Legal Counsel
Real estate lawyers are familiar with the procedures that easily lead to disputes in real estate transactions, and can serve professional consultants in the real estate field of real estate companies and help real estate companies effectively avoid real estate transaction disputes.
9. Legal training
According to the practical experience in the real estate field, real estate lawyers help real estate companies or real estate intermediary companies to train their employees and improve their work processes during their work.
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