Reporter: Will the ownership of damaged houses and houses change after the earthquake?
Li Shiliang: The Property Law stipulates that "the act of establishing or eliminating property rights due to legal construction, house demolition and other facts takes effect when the factual act is realized." If the collapsed house is demolished, this will happen, because the subject matter of the house is lost and the property is destroyed. If the house can be repaired, the house can restore its normal use value, its identity can be restored, and its property will not be lost. On the contrary, if the restoration has lost the identity of the original house, it should be considered that the ownership of the house is lost.
the damage caused by earthquake damage can be exempted from force majeure.
Reporter: Who will bear the losses of damaged houses in the earthquake?
Li Shiliang: Earthquake is a major natural disaster with legal force majeure. According to the law, it is difficult to get proper compensation for these damaged houses, and the state, collectives, organizations and other citizens have no obligation to pay compensation. However, the government should do a good job in disaster relief according to the requirements of Article 41 of the Law on Earthquake Prevention and Disaster Mitigation that "local people's governments at or above the county level in earthquake-stricken areas should make overall plans and arrange post-earthquake recovery and reconstruction work according to the earthquake damage".
reporter: who will bear the losses before and after the handover?
Li Shiliang: According to China's Contract Law, the risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise stipulated by law or agreed by the parties. Therefore, before the earthquake, the damage to the house was borne by the developer, and the house after delivery was borne by the buyer. In case of dispute, a lawsuit should be brought to the people's court.
Unqualified houses are provided to reporters who claim
: If the quality of houses destroyed in the earthquake is not satisfactory, can I apply?
Li Shiliang: If the houses destroyed by the earthquake reach the required level due to the unqualified inspection of the main body of the houses, the owners and relevant interested parties can bring a lawsuit to the people's court and claim compensation from the developers. Relevant construction, supervision and other units may bear any responsibility for this. If a crime is constituted, criminal responsibility shall be investigated according to law.
reporter: can I claim compensation from the insurance company for the losses caused by the earthquake?
Li Shiliang: At present, family property insurance generally covers fire, storm, lightning and other accidents, except earthquake and tsunami. However, some risks can be linked to major earthquake insurance. If the citizens insured before the earthquake are earthquake insurance, then the houses damaged in the earthquake can claim compensation from the insurance company.
reporter: what should I do if the rural homestead is damaged by the earthquake?
Li Shiliang: Rural homestead and urban housing, the Property Law clearly stipulates: "Homestead is destroyed due to natural disasters and other reasons. Villagers who have lost their homesteads should be redistributed. "
deal with damaged houses for identification.
Reporter: Some houses damaged in the earthquake have entered dangerous houses or even collapsed. What should the officials of these houses do?
Li Shiliang: These houses should be handled by the Ministry of Finance in accordance with the Regulations on the Administration of Dangerous Houses in Cities. The first reaction of house appraisal is that it is not dangerous, of course, it can continue to be used. This is dangerous and can be divided into four situations: first, some houses can still be used in the short term, but they need to be observed and considered before final treatment; 2, some houses take appropriate safety measures, can lift the danger; 3. It is no longer worth repairing, but it is not convenient to dismantle during this period, which will not endanger the safety of adjacent buildings and houses that affect others, and should be stopped; 4. If the whole building shell is dangerous and has no maintenance value, it must be removed immediately. If the house is identified as dangerous, you must provide reinforcement or maintenance in time, or the representative of the real estate administrative department has the subjective right to designate the maintenance department, or take other compulsory measures and bear the corresponding expenses.