Thursday, February 10, 2011

shall be revoked of houses

"But this kind of administrative, civil dispute it is able to you, there are you in me." The judge continued analysis says, in the administrative lawsuit, to register the specific administrative act legitimacy, when examining will review to register the civil legal relation is true, lawful, it belongs to the category of civil trial. And in the civil lawsuit, to contract effectiveness, is a good faith acquisition problems, when examining must be involved housing administration registration a specific administrative act the legitimacy and effect problem, which obviously is needed through administrative trial to recognition.

According to information, for such cases, administration and the civil litigation who first who after the first question, some courts, some courts civil administration after ancestors, some courts have afterwards administrative assumption of civil legal administration behavior to undertake handling. Thus, on the same facts, in accordance with the different litigation mode, by the both trial purpose and trial procedure is different, often caused the same dispute "extremely way" difficult "beautiful", even the referees results on Sunday.

Yinzhou district court judge thinks, administrative, civil case trial separately, there must be a precondition, which is "a lawsuit is another litigation settled question", that is to say, both must only in the form of the cross, and which is separability.

So stated before LiuMou and wang mou etc.were villa caused by the civil litigation, the essence lies in the substantive rights disputes, therefore, should be LiuMou through civil litigation to solve. 2010 November 18 shall be implemented as of the supreme people's court on the trial of a building to register the case of some issues regulations stipulated in article 8: "the parties as a building to register behavior basis of buying and selling, mutual, given, mortgage, marriage, inheritance such civil legal relationship invalid or on the grounds that the registration activities administrative litigation, the people's court shall notify the parties first solve civil dispute" attribute this kind of situation. But some cases, both formation essence sense crossover, cannot part, can only in a case of combination treatment.

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