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How should collapse because of house shake or handle

From;  Author:Stand originally
● rents a room to become a dangerous house, the contract removes lawfully

House property of ● buying and selling collapses, already handed in house money to should return buyer

Sichuan short of Wenshui River plain after seismic happening, a focus of problem of law of advisory house property of masses of disaster area of local judiciary report is the building rents a contract to have not expire, some complete collapse, break become house some dangerous house, how should be the concern of this kind of building that rent handled?

According to regulation of our country contract law, because force majeure sends indispose to achieve contract goal, party can remove contract. Because the earthquake makes building collapse, interstitial and become a dangerous house, rent content not to accord with the meaning of the party when the contract that rent concludes namely, of the original other people that rent destroy break or do not accord with the normal use that rent, belong to force majeure to send indispose to achieve contract goal, should by contract the law can remove the 94th times contract.

Contract law sets the 97th times, after the contract removes, have not fulfill, stop fulfill; Had fulfilled, the basis fulfills circumstance and contract property processing. Explanation of Zhang Tao of solicitor of round-the-world attorney office says, remove in the light of what the building rents a contract, the part that has performed is insusceptible, namely the hire that tenant already used a building to pay accordingly does not grant to return, expire deal with outstanding ought to continue to pay. The renting relation of odd deadline removes, tenant has no longer bear the obligation that hire, also need not continue to pay rent again; Rental Fang Moyi can use a building of the same use that Wu continues to offer original contract to agree again and state.

To trading medium house property, collapse in the earthquake or become a dangerous house, how should obligation of right of buyers and sellers differentiate?

Our country contract law sets the 142nd times: The content damage of mark, destroy the risk that break, before the content consign in mark by betray a person to assume, assume by vendee after consign, but law has additionally set or the except that party has an agreement additionally.

Trade in house property in, if vendee already made house money, the earthquake causes earthquake of person of house collapse, sell one's own things to die death, even family member of person of sell one's own things also dies, should manage like where?

According to contract law sets, house property trades in already handed in house money to not be equal to building business contract to fulfill end, also not be equal to the change that content of the building that finish counterpoises. Zhang Tao's lawyer thinks, house change is registered before finishing, the house collapses because of the earthquake, cannot the content of delivery contract award, the contract ought to remove, already handed in house money to ought to return buyer.
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