Thanh Hải

Xử lý tranh chấp hợp đồng mua bán quyền sử dụng đất mất nhiều thời gian. Năm năm, mười năm… thậm chí lâu hơn nữa. Giá thời điểm giao kết hợp đồng và giá tại thời điểm xét xử chênh nhau rất nhiều. Hợp đồng mua bán vô hiệu. Tiền chênh lệch ai hưởng? Lợi tức phát sinh từ quyền sử dụng đất ai hưởng?

Thiết kế không tên

Ngày 28/3/2000, vợ chồng bà Kim và ông Hùng cùng các thành viên trong gia đình làm giấy tay bán cho vợ chồng ông Bê và bà Dẻ căn nhà. Giấy này có chữ ký ông Hùng, bà Kim và các thành viên gia đình, không có chữ ký của bên mua. Sau đó, ông Bê và bà Dẻ ký hợp đồng cho thuê căn nhà, thời hạn thuê 2 năm cho bà Lan, không xác định được các bên thỏa thuận mua bán căn nhà nào, có chuyển nhượng diện tích đất khuôn viên kèm theo căn nhà hay không, tính hợp pháp về sở hữu, sử dụng đối với căn nhà đem bán. Theo lời khai của các bên thì căn nhà nêu trong hợp đồng mua bán nhà và hợp đồng thuê nhà chính là cửa hàng mà bà Lan đang sử dụng. Tuy nhiên, căn nhà này do ông Hùng, bà Kim thuê của Nhà nước. Do đó, không có căn cứ xác định diện tích khuôn viên căn nhà là đối tượng trong hợp đồng mua bán nhà nêu trên.

Phần chênh…

Có sự chênh lệch lớn giữa giá bán trên giấy là 250.000.000 đồng (2000) và giá trị của Hội đồng định giá vào tháng 1/2009 là 86.947.890 đồng. Nếu khoản tiền chênh lệch không bao gồm giá trị QSDĐ hoặc quyền được thuê mặt bằng của nhà nước hoặc quyền được nhận chuyển nhượng mặt bằng của nhà nước diện tích đất thì phải xác định khoản chênh lệch giá trị nhà theo hợp đồng và giá trị nhà theo định giá là khoản thiệt hại khi hợp đồng mua bán nhà vị tuyên vô hiệu.

Mặt khác, sau khi ký hợp đồng mua bán nhà, bà Dẻ có nhận tiền thuê lại căn nhà từ Lan. Do đó, bà Dẻ đã được hưởng lợi tức từ việc cho thuê căn nhà nêu trên. Tòa án cấp sơ thẩm yêu cầu hoàn trả tài sản cùng hoa lợi, lợi tức, còn Tòa án cấp phúc thẩm không xem xét phần giá trị này.

Hợp đồng mua bán giữa ông Hùng, bà Kim và vợ chồng ông Bê, bà Dẻ được xem là một giao dịch dân sự và theo quy định pháp luật hiện hành, điều kiện có hiệu lực của giao dịch dân sự gồm: Người tham gia giao dịch có năng lực hành vi dân sự; mục đích và nội dung của giao dịch không vi phạm điều cấm của pháp luật, không trái đạo đức xã hội; người tham gia giao dịch hoàn toàn tự nguyện; hình thức hợp đồng phù hợp quy định (Điều 122 Bộ Luật Dân sự 2005, Điều 117 Bộ Luật Dân sự 2015).

Theo nội dung vụ việc, diện tích đất do ông Hùng, bà Kim là thuê của nhà nước có thời hạn, khi hết hạn, gia đình ông Hùng phải trả lại cho Nhà nước hoặc trường hợp khác. Do vậy, tại thời điểm làm hợp đồng chuyển nhượng thì đất này không thuộc quyền định đoạt của vợ chồng ông Hùng, do dó diện tích đất không là đối tượng của hợp đồng mua bán, hợp đồng chuyển nhượng của ông Hùng, bà Kim và vợ chồng Bê có căn cứ để yêu cầu tuyên vô hiệu theo Điều 127 Bộ Luật Dân sự 2005 (Điều 122 Bộ Luật Dân sự 2015).

Phần lợi tức…

Khi hợp đồng vô hiệu các bên có nghĩa vụ hoàn trả cho nhau những gì đã nhận, ông Hùng, bà Kim trả lại tiền chuyển nhượng và vợ chồng ông Bê trả lại nhà. Tuy nhiên, vấn đề đặt ra là ông Bê, bà Dẻ cho bà Lan thuê lại căn nhà, vậy phần tiền thuê nhà-lợi tức (khoản lợi thu được từ việc khai thác tài sản) có phải hoàn trả cho Bà Kim, ông Hùng hay không?

Theo hướng của Tòa án nhân dân tối cao, việc chiếm hữu không có căn cứ pháp luật là tiền để cho nghĩa vụ hoàn trả tài sản đã nhận nhưng hoàn trả tài sản đã nhận không luôn kéo theo việc hoàn trả hoa lợi, lợi tức phát sinh từ tài sản và tất cả phụ thuộc vào sự ngay tình của người nhận tài sản. Vấn đề này pháp luật hiện hành đã quy định rõ ràng hơn Bộ Luật Dân sự 2005, bên cạnh đưa về trạng thái ban đầu khi chưa có giao dịch thì bên ngay tình trong việc thu hoa lợi, lợi tức không phải hoàn trả hoa lợi, lợi tức đó (khoản 3 Điều 131 Bộ Luật Dân sự 2015).

Do đó, cần xác định ông Bê và bà Dẻ chiếm hữu, sử dụng tài sản không có căn cứ pháp luật có hay không ngay tình? Thời điểm nào được xem là không ngay tình? Trả lời như sau: Nếu ông Bê, bà Dẻ hoàn toàn không biết đất là do ông Hùng, bà Kim thuê của nhà nước trong 5 năm và không có quyền chuyển nhượng thì không phải hoàn trả tiền thuê nhà thu được. Ngược lại, thì phải trả toàn bộ tiền thuê nhà hoặc từ thời điểm ông Bê, bà Dẻ biết hoặc phải biết việc chiếm hữu, sử dụng tài sản, được lợi về tài sản không có căn cứ pháp luật.

Nguồn: Legalguru.vn

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