Did the property management contract come into effect without being filed by the Housing and Construction Bureau?

The entry into force of the contract means that the established contract is legally binding, and whether the contract comes into force depends on whether it meets the entry into force conditions stipulated by law. The Housing and Construction Bureau requires the property contract to be put on record, which is due to the requirements of industry management and is not a necessary condition for the contract to take effect. Therefore, contracts that have not been filed with the Housing and Construction Bureau have the same legal effect, but they violate the requirements of industry management and may be subject to administrative penalties.

Legal analysis

The general regulation of the effective time of a contract is clarified, that is, a contract established according to law becomes effective upon its establishment. In other words, the effective time of the contract is consistent with the establishment time of the contract in principle, and the contract will take effect at the same time when it is established according to law. If the law provides otherwise for the effective time of the contract or the parties agree otherwise, it shall be in accordance with the law or the parties agree. A contract with effective conditions and effective period shall not take effect when the contract is established, but only when the conditions are met or the period expires. The second is to clarify the legal consequences of not going through the examination and approval procedures and affecting the effectiveness of the contract. This article stipulates that: in accordance with the provisions of laws and administrative regulations, the contract shall go through approval and other procedures, in accordance with its provisions. The examination and approval authority approves the parties to transfer the exploration and mining rights. The transfer contract shall take effect from the date of approval. The legal consequences of not going through the formalities of approval affect the validity of the contract are as follows: First, the contract does not take effect, but it does not affect the performance of obligations such as approval. In other words, the failure to go through the formalities of approval affects the validity of the contract, and does not affect the performance of the obligation clauses such as approval and the validity of relevant clauses in the contract. Second, if the application is not submitted and approved, the other party has the right to demand responsibility for violating this obligation. In other words, if the party that should apply for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The liability for breach of this obligation can refer to the liability for breach of contract, including continuous performance and compensation for losses.

legal ground

Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.