Is the right to use the transfer agreement legal?

The agreement on the transfer of the right to use is legal.

Whether the equity transfer agreement is legal needs to consider the following points:

1. The equity transferred by shareholders must be true, complete and flawless;

2. The expression of will of the assignor and the assignee shall be true;

3. The transfer of equity to people other than shareholders requires the consent of more than half of other shareholders;

4. The preemptive right of other shareholders shall not be infringed during the transfer.

As long as the transfer agreement is concluded by a person with corresponding civil capacity, and the intention is true and legal, and it does not violate public order and good customs, it is deemed to be valid. At the same time, the interest agreed in the equity transfer must be legal, and usury cannot be agreed. If the transfer agreement violates the mandatory provisions of laws and administrative regulations or violates public order and good customs, the agreement is invalid.

The legal effect of the right to use:

1. Definition of the right to use: the right to use refers to the right given to users by law to use and benefit from specific commodities;

2. Types of right of use: including but not limited to land right of use, copyright right of use, trademark right of use, etc.

3. Acquisition of the right to use: it can be acquired by various means such as purchase, inheritance and gift;

4. Transfer of the right to use: the right to use can be transferred to others according to law, but it must comply with the relevant laws and contracts;

5. Restrictions on the right to use: The exercise of the right to use is restricted by law, and it cannot infringe upon the rights and interests of others or violate the prohibitive provisions of the law.

To sum up, the legitimacy of the equity transfer agreement depends on the authenticity and integrity of the equity, the authenticity of the expression of will, the consent of other shareholders and the non-infringement of the preemptive right of other shareholders. As long as the agreement is concluded by a person with civil capacity, the intention is true and legal, does not violate public order and good customs, and conforms to the provisions of laws and administrative regulations, it is deemed to be valid.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 209

The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.

Article 2 10

The registration of real estate shall be handled by the registration agency where the real estate is located. The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.

Land registration rules

Article 37

Under any of the following circumstances, both parties to the transfer of land use rights shall apply for the registration of real estate change with the transfer contract or agreement, land tax payment certificate and original land certificate within 30 days after the signing of the transfer contract or agreement and within/0/5 days after the real estate change registration and certification:

(a) the transfer of land use rights according to law;

(two) the transfer of land use rights due to the sale and transfer of buildings and attachments on the ground;

If the land use right is changed due to the change of house ownership, the changed house ownership certificate shall be submitted when applying for change registration.