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《蜀道奇》手卷撤拍 拍卖业审查症结待解
Bei Jing Shang Bao· 2025-12-16 16:06
原预计于12月16日晚在北京保利国际拍卖有限公司(以下简称"保利拍卖")二十周年秋季庆典拍卖 会"中国书画夜场"进行拍卖的郭沫若书法手卷《蜀道奇》,目前已经无法从保利拍卖官网查询到拍卖信 息。近日,郭沫若《蜀道奇》手卷拍卖陷入权属争议,根据保利拍卖最新回应,公司高度重视郭庶英 (郭沫若女儿)的诉求,一直与其保持积极沟通。针对该拍品所有权的纠纷,愿意积极配合调查。 尽管这次拍品争议暂无定论,但此次事件也再次暴露出拍卖行业重"程序免责"轻"实质审查"的问题。解 决拍卖行业的症结非单一措施可达成,需要拍卖公司主动提升风控、行业完善标准、法律明晰责任、技 术赋能溯源,各方协同推动行业从"程序合规"转向"实质可信"。 已无法查询到拍卖信息 12月16日,北京商报记者在保利拍卖官网搜索郭沫若《蜀道奇》时发现,已无法查询到相关信息。 同时,保利拍卖官网将12月14日发布的有关郭沫若《蜀道奇》手卷拍卖争议声明(以下简称"拍卖争议 声明")进行了置顶。 在拍卖争议声明中,保利拍卖表示,经核查,郭沫若《蜀道奇》手卷的委托方申请上拍时确持有该动 产,并存有以合理市场价格购入作品的转账记录和购买协议,保利拍卖对该拍品的征集、上拍流程 ...
警惕过户陷阱、维权莫超期……北京西城法院发布涉不动产登记典型案件
Zheng Quan Shi Bao· 2025-09-20 12:30
Core Insights - The report highlights the increasing risks associated with real estate registration disputes, emphasizing the importance of legal scrutiny in these cases [1][4][7] Group 1: Case Statistics - From January 2022 to August 2025, the Beijing Xicheng Court adjudicated a total of 95 administrative cases related to real estate registration, with a stable annual distribution: 28 cases in 2022, 30 in 2023, 21 in 2024, and 16 cases from January to August 2025 [3] - The majority of claims in these cases focused on transfer registration (43 cases), correction of registration (24 cases), and initial registration (16 cases), accounting for over 80% of the total [3] Group 2: Legal Scrutiny Focus - The core of the court's review centers on whether the real estate registration authority fulfilled its legal duties during the acceptance, examination, registration, and issuance of certificates [4] - The complexity of these cases arises from the need to clarify the underlying civil legal relationships, such as sales, gifts, mortgages, and inheritances, which complicates the adjudication process [3][4] Group 3: Case Outcomes - Out of the 95 cases, 30 resulted in the annulment or confirmation of illegal real estate registration actions, with 83.3% of these cases attributed to changes in the foundational facts of the registration [6] - Common scenarios leading to annulments include contracts being declared invalid by court judgments, notarized documents being revoked, and court rulings being proven false [6] Group 4: Typical Cases and Risks - The report outlines four typical cases that illustrate prevalent risks in real estate registration disputes, including fraud, the importance of timely legal action, and the consequences of malicious collusion [8][10] - One case highlighted the dangers of fraudulent property transfers, where a victim was misled into signing a false contract, leading to significant financial loss [9] - Another case emphasized the importance of adhering to statutory time limits for legal actions, as delays can result in the loss of rights to seek corrections [10] Group 5: Recommendations - Recommendations for registration authorities include fulfilling their review obligations, utilizing technology for better verification, and enhancing collaborative governance to prevent disputes [11] - Public awareness is also emphasized, urging individuals to improve legal awareness, protect their assets, and choose rational legal remedies [11]
警惕过户陷阱、维权莫超期……北京西城法院发布涉不动产登记典型案件
证券时报· 2025-09-20 12:23
Core Viewpoint - Real estate is a crucial carrier of social wealth, directly impacting the interests of households. Recent cases highlight the risks associated with real estate registration disputes, including fraud and administrative challenges [1][8]. Group 1: Case Statistics and Trends - From January 2022 to August 2025, the Beijing Xicheng Court adjudicated a total of 95 administrative cases related to real estate registration, with a stable annual distribution: 28 cases in 2022, 30 in 2023, 21 in 2024, and 16 in the first eight months of 2025 [3]. - The majority of claims in these cases focused on transfer registration (43 cases), correction registration (24 cases), and initial registration (16 cases), accounting for over 80% of the total [3]. Group 2: Legal Examination Focus - The core of the court's review is the legality of the registration actions taken by the real estate registration authority, emphasizing the need to clarify the responsibilities and boundaries of these authorities [4]. - A significant portion of cases (83.3%) involved the annulment of registration due to changes in the foundational facts that supported the registration [6]. Group 3: Typical Cases and Risks - Four typical cases were presented, illustrating high-risk scenarios in real estate registration disputes, including fraudulent contracts leading to wrongful property transfers and the importance of timely legal action to correct registration errors [9][10]. - The case involving Mr. Wang highlighted the dangers of fraudulent schemes that can lead to irreversible losses when properties are transferred or mortgaged under false pretenses [9]. Group 4: Recommendations and Suggestions - Recommendations for registration authorities include fulfilling their review obligations, utilizing technology for better verification, and enhancing collaborative governance to prevent disputes [11]. - Public awareness is emphasized, urging individuals to improve legal awareness, protect their assets, and act promptly when discrepancies in property registration are identified [11].