Joke Collection Website - Bulletin headlines - Not transferring the contracted collective shrimp ponds according to the contract violates the General Principles of the Civil Law of People's Republic of China (PRC).
Not transferring the contracted collective shrimp ponds according to the contract violates the General Principles of the Civil Law of People's Republic of China (PRC).
Legal link: Article 33 of the Rural Land Contract Law 1 The transfer of land contractual management right shall follow the following principles:
(a) equal consultation, voluntary, paid, no organization or individual may force or hinder the contractor to transfer the right to contracted management of land;
Shall not change the nature of land ownership and agricultural use of land;
(3) The circulation period shall not exceed the remaining period of the contract period;
(four) the transferee must have the ability to operate agriculture;
(5) Under the same conditions, members of this collective economic organization enjoy priority.
2. Article 37 Where the right to contracted management of land is transferred through subcontracting, leasing, exchange or transfer, both parties shall sign a written contract. Transfer by means of transfer shall be subject to the consent of the employer; Subcontracting, leasing, exchange or other transfer methods shall be reported to the employer for the record.
The contract for the transfer of land contractual management rights generally includes the following clauses:
(1) Names and domiciles of both parties;
(two) the name, location, area and quality grade of the land;
(three) the circulation period and the start and end date;
(four) the use of the land;
(5) Rights and obligations of both parties;
Transfer price and payment method;
(7) Liability for breach of contract.
3. Article 38 The right to contracted management of land shall be transferred by means of exchange or transfer. Where a party requests registration, it shall apply to the local people's government at or above the county level. Without registration, you may not be able to fight well-intentioned third parties.
4. Article 39 A contractor may subcontract or lease part or all of the land contractual management right to a third party within a certain period of time, and the contract relationship of the contractor and the employer shall remain unchanged.
The contractor may not sign a written contract if he has given the land to others for farming for less than one year.
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