Civil Trial Guidance and Reference (2005 Issue No. 2, Issue No. 22 in Total)

Author: Huang Songyou
Publisher:
Publish Date: 2005-09-01
Features: 【New Interpretation】The Supreme People's Court on the Application of Laws in Cases Involving the Contract for the Transfer of State-owned Land Use Rights (Adopted by the 1334th Meeting of the Judicial Committee of the Supreme People's Court on November 23, 2004), Legal Interpretation [2005] No. 5
According to the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Land Administration Law of the People's Republic of China, the Urban and Rural Real Estate Administration Law of the People's Republic of China, and other relevant laws and regulations, combined with the practice of civil adjudication, this interpretation is formulated to address legal issues in the adjudication of cases involving contracts for the transfer of state-owned land use rights.
1. Disputes over the Contract for the Transfer of Land Use Rights
This interpretation refers to the agreement where the land administration department of the municipal or county government, as the party transferring the right, transfers the state-owned land use right to the party receiving the right within a certain term, and the receiving party pays the land use rights transfer fee.
Article 2
Contracts for the transfer of land use rights entered into by the development zone administrative committee, as the transferring party, with the receiving party, shall be deemed invalid. Before the implementation of this interpretation, contracts for the transfer of land use rights entered into by the development zone administrative committee, as the transferring party, with the receiving party, which were ratified by the land administration department of the municipal or county government before the lawsuit was filed, may be deemed valid.
Article 3
For land use rights transferred through negotiation with the approval of the municipal or county government, if the land use rights transfer fee is lower than the lowest price determined by the local government according to state regulations at the time the contract was concluded, the price clause stipulated in the contract for the transfer of land use rights shall be deemed invalid. If the parties request to pay the land use rights transfer fee according to the market appraisal price at the time the contract was concluded, this shall be supported. If the receiving party refuses to make up the difference according to the market appraisal price and requests to terminate the contract, this shall also be supported. The losses caused by this shall be borne by the parties according to their respective faults.
Article 4
If the transferring party of the contract for the transfer of land use rights fails to complete the procedures for the approval of the land use rights transfer and cannot deliver the land, the receiving party's request to terminate the contract shall be supported.
Article 5
If the receiving party, with the consent of the transferring party and the urban planning administrative department of the municipal or county government, changes the land use purpose stipulated in the contract for the transfer of land use rights, the parties' request to adjust the land use rights transfer fee according to the standard of the same land use type at the time of the lawsuit shall be supported.
Article 6
If the receiving party changes the land use purpose stipulated in the contract for the transfer of land use rights