The civil legal act is the sale and gift is a legal act of both parties. It is the establishment of citizens, change, terminate civil rights and civil obligations.
1. Characteristics of legal acts (to the core elements of the meaning of the purpose of the effect of the occurrence of private law)
Classification of legal acts (unilateral legal acts, two-party legal acts and multi-party legal acts)
Unilateral acts are legal acts that can be set up. Examples include bounties, wills, and the act of establishing a consortium.
The two-party legal act is the two sides to reach a consensus to establish the legal act. For example, the contract of sale, commission contract.
Multiparty legal acts can be established legal acts.
2. Burden behavior refers to the legal act of producing one or more claims, or the legal act of guiding the obligation to pay. For example, the reward advertisement.
The so-called act of disposition refers to the direct effect of an existing right or legal relationship, change, transfer a right, or set a burden on a right and cancel a right.
3. Paid legal action is on the one hand through the fulfillment of the obligations set out in the legal act to the other side of a certain benefit, the other side to get the benefit must be treated as a legal act of payment, the contract of sale is the most typical paid legal action. Gift contract is gratuitous legal behavior.
4. Promise of a legal act refers to a party's intention once the other party's consent to produce legal effects of the legal act, that is, "a promise is a promise" so-called behavior.
The practice of legal behavior, also known as "legal behavior" refers to the parties in addition to the agreement of the two parties, but also to deliver the subject matter in order to establish the legal act.
5. The so-called essential legal act refers to the legal act should be implemented in accordance with the provisions of the law or the parties agreed. The establishment of mortgage, the parties shall take the written form of mortgage contract.
The so-called don't type of legal behavior is that the parties to give alms to the basis of the legal act does not need to take a specific form, the parties can take the oral way, written form or other forms.
The legal difference between the essential and don't want is whether a certain form should be used as a condition for the establishment or entry into force of the legal act.
6. The cause of death is "the act of death" it refers to the actor's life and death as the effective conditions of the legal act. The most typical cause of death is a will. Cause of death behavior other than all other legal acts, are living behavior.
1. People who are incapable of civil behavior include people under 10 years of age and mentally ill people who cannot recognize their own behavior.
I. Property rights refers to the right of the right holder to enjoy direct domination of a particular object and the right of exclusion, including (so have the right, usufructuary rights and security rights)
Property rights are characterized by a dominant, absolute right, also known as the "right of the world".
Second, the difference between property rights and claims
Property rights and claims are the two most basic types of property in civil law.
Property right is the right of dominion, the right to the world, while the claim is the right of request, the right to human rights.
Property rights are exclusive, while claims are equal.
The principle of specificity of the right of property, also known as the "principle of specificity of the object of the right of property" or the "principle of one object, one right" means that the object of the right of property must be specific.
Third, the change of property rights refers to the cause of the legal act of the establishment, transfer, change and elimination of property rights. Extra-legal causes include (legal inheritance, effective legal instruments, government expropriation, legal construction of houses, demolition of houses)
iv. Ownership refers to all the legal rights to their own property (the right to possession, use, income and disposal) Characteristics of ownership;
Complete, integral, permanent.
The owner's distinguished ownership of the building means that the owner has the right of ownership of the residential, business premises and other proprietary parts of the building, and the right of ****ownership and ****co-management of the ****ownership part of the building other than the professionally owned part.
The main body of the owners include 1. the real estate registration record of the owner of the house, such as in the sale of commercial housing has been for the transfer of all the rights of the house registration of the buyer. 2. such as based on the people's court and other effective legal instruments to obtain the right of the house, due to inheritance or wills to obtain the ownership of the house, due to the legal legal construction of the house to obtain the right of ownership. 3. based on the civil law of the sale of commercial real estate and construction units. Based on the civil legal act of sale of commercial housing between the construction unit, has legally occupied the exclusive part of the building, but has not yet been registered according to law.
The owner's *** right is the owner's right according to the law, the contract and the owner's convention, for the *** part of the right to enjoy.
All owners **** have the right to use the construction land within the scope of building occupation 2. roads and green areas within the building zoning 3. other public **** houses, utilities, and property services in the building zoning 4. parking spaces, garages.
*** have refers to more than two civil subjects to the same thing *** with the state of ownership.
The two types of *** have type is 2 kinds, *** with *** have is a. Based on the *** with the relationship, to *** with the relationship as a prerequisite, such as husband and wife's *** with *** have is based on the husband and wife relationship. b. The right to enjoy and obligation to bear the different c. Dividing the limitations on the different .
The share **** have is the index people in accordance with their respective shares of the **** have the property to share the rights and share the obligations.
*** with the **** have is based on the provisions of the law or the contract to the agreement to form a *** with the relationship, based on the *** with the relationship *** with the ownership of the same.
Characteristics of *** with **** have: a. *** with have is produced on the basis of *** with the relationship. b. *** with **** have people in the *** with the survival of the relationship, for the *** with the property, regardless of the share, the person is the whole of the *** with the property possession, use, income and disposal of the right, and at the same time, on the whole of the *** with property and bear the obligations.
Beneficial ownership refers to the right to use and benefit from the property owned by others within a certain scope.
Characteristics of the right of usufruct: the right of usufruct is a right of property, a right of restriction, a right of other property, the right of usufruct is a right of property with possession, use, and benefit. It is a right of property with real estate as the object.
The right to use construction land refers to the right of a unit or an individual to build a building or other paid property on state-owned land and to possess, use and benefit from it.
Characteristics: the use of construction land is a kind of property right produced on the basis of state-owned land ownership. Construction land use right can be established on the surface of the land, on the ground or underground respectively. It has a duration of 70 years for residence, 50 years for industry, 50 years for education, science and technology, culture, health and sports, 40 years for commerce, tourism and entertainment, and 50 years for comprehensive or other.
The way to obtain the right to use construction land a. The right to use construction land grant (refers to the identity of the state landowner will be the right to use the land within a certain number of years to let the land use right with the land user, and the land user to the state to pay the land use right concessions). b. The right to use construction land allocation (refers to the people's government at or above the county level approved by the law, in the land user to pay compensation, resettlement and other costs to the land user. compensation, resettlement and other expenses and then deliver the land for use, or the act of delivering the land use right to the land use without compensation). c. Transfer of land for construction. Sale, Barter and Gift.
Residential land use right refers to the members of the rural collective organization in accordance with the law to enjoy the right to build residential housing on residential land.
The way to obtain residential land: a new residential land use right through the approval. b through the collective organization members of the transfer and inheritance of the residential land.
Easement refers to the right of the owner of the real estate in order to facilitate the use of real estate and set up by legal action or obtained by law on the use of real estate owned by others to use the right.
Characteristics of easement: a Utility right to utilize the real estate owned or used by others. b The subject can be either the owner of the real estate, or the person who uses the real estate.
c Object immovable property d A usufruct right created by the right holder to improve the efficiency of his own immovable property.
Property characteristics of a mortgage: a security right, a right in rem created on the property of the debtor or a third party, a right in rem that does not transfer the possession of the property, and a right in rem with priority of payment of the mortgaged property.
The following can be mortgaged: buildings, land and other land attachments, land use rights for construction, the right to contract for the management of wasteland acquired by bidding, auction, public negotiation, etc., production equipment, raw materials, semi-finished products, products, buildings under construction, ships, aircraft, means of transportation.
Prohibited property mortgages include: land ownership, land use rights of arable land, homesteads, self-reserved land, self-reserved mountains, etc., schools, kindergartens, hospitals, public institutions, social organizations, educational facilities, medical and health facilities, ownership of property, property that has been seized, seized, or supervised in accordance with the law, laws, regulations and rules that stipulate that no mortgage is permitted on other property.