Main tasks and practical skills:
- The aggrieved party has the right to request the offending party to implement obligations as stipulated in the contract or request termination of the contract or request compensation for damage. However, if the contract does not have any provisions on termination of the contract, the contract cannot be unilaterally terminated by a party or by law in case of breach.
- Requiring the continuance of the contract including the performance of payment obligation
- Where a housing purchase contract was signed before 1 July 1991, the payment shall be calculated according to the current price, pursuant to Resolution 58/1998 (paying the remaining percentage of the outstanding payment according to the price of the house at the time of payment which is at the time of the hearing at first instance).
- Where a housing purchase contract was signed after 1 July 1991, there is no provision on paying according to current price but if provisions on compensation for damage are applied strictly, a difference in housing prices shall be taken into account.
- In cases of any outstanding payment for the housing, the price of the house must be determined as at the time when the breach occurs and the time when the dispute is resolved.
- Note that there is a difference between a valid contract, a performed contract (finalized) and ownership registration transfer (transfer of ownership, registration). Ownership registration is an act of performing the contract, but not entering into the contract, or a ground to prove the existence of the contract or a ground to terminate the contract. (For a housing purchase carried out before 1 July 1991, procedures for finalizing the transfer of an ownership right shall be a condition for recognizing the contract).
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