题目内容
某市某化工厂于2001年8月20日在该市城郊以协议出让方式取得一宗国有土地使用权，面积为21000m2，用途为工业，使用年限45年，未办理土地登记。2003年9月该化工厂进行技术改造，由于资金不足，需要以该土地作为抵押物向银行申请贷款，但由于未办理土地使用权设定登记，随后该化工厂于2003年9月20日委托某土地登记代理公司的土地登记代理人刘某代理土地登记申请手续。 问题 土地登记代理人刘某需要与该化工厂明确哪些方面的事项
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Dear sir,We thank you very much for your order November 3rd.After careful consideration on your request and discussion of our broad of directors, however, we have come to the conclusion that we cannot but decline your order in this case. In order to reach the limit you required in your specifications we would have to install a large amount of special equipment at our plant, and this would not be possible before January next year without interrupting our normal production.Although our company is one of the leading exporters of the products you need right now and has been dealing in various markets for more than twenty years, we dare not risk a business out of our control.We are really sorry not to be in a position to accept your order, but hope that you will understand our situation. Since a long-standing relationship of our two companies has been established, we will be awaiting with keen interest your favorable reply. Please let us have any other inquiries, as we shall be only too pleased to meet your requirements if it is within our power.Yours truly,J. Brown What does the seller have to do in order to reach the limit the buyer requiredThey have to ().
To resolve a dispute means to turn opposing positions into a single outcome. The two parties may choose to focus their attention on one or more of three basic factors. They may seek to (1) reconcile their interests, (2) determine who is right, and/or (3) determine who is more powerful.(41) Disagreement of interestsInterests are needs, desires, concerns, fears -- the things one cares about or wants. They pro- vide the foundation for a person’s or an organisation’s position in a dispute. In a dispute, not only do the interests of one party not coincide with those of the other party, but they are in conflict. For example, the director of sales for an electronics company gets into a dispute with the director of manufacturing over the number of TV models to produce.(42) Methods of settling conflicting interestsReconciling such interests is not easy. It involves probing for deeply rooted concerns, devising creative solutions, and making trade-offs and compromises where interests are opposed. The most common procedure for doing this is negotiation, the act of communication intended to reach agreement.(43) The use of negotiation for different dispute typesBy no means do all negotiations (or mediations) focus on reconciling interests. Some negotiations focus on determining who is right, such as when two lawyers argue about whose case has the greater merit.(44) Handling rights-based disputesThere are often different --- and sometimes contradictory -- standards that apply to rights. Reaching agreement on rights, where the outcome will determine who gets what, can often be so difficult that the parties frequently turn to a third party to determine who is right. The most typical rights procedure is adjudication, in which disputants present evidence and arguments to a neutral third party who has the power to make a decision that must be followed by both disputants. (In mediation, by contrast, the third party does not have the power to decide the dispute. ) Public adjudication is provided by courts and administrative agencies. Private adjudication is provided by arbitrators.(45) The role of power in settling disagreementsA third way to resolve a dispute is on the basis of power. We define power, somewhat narrowly, as the ability to pressure someone to do something he would not otherwise do.In relationships of mutual dependence, such as between labor and management or within an organization or a family, the question of who is more powerful turns on who is less dependent on the other. If a company needs the employees’ work more than employees need the company’s pay, the company is more dependent and hence less powerful. How dependent one is turns on how satisfactory the alternatives are for satisfying one’s interests. The better the alternative, the less dependent one is. If it is easier for the company to replace striking employees than it is for striking employees to find new jobs, the company is less dependent and thereby more powerful. Determining who is the more powerful party without a decisive and potentially destructive power contest is difficult because power is ultimately a matter of perceptions.[A] Another interests-based procedure is mediation, in which a third party assists the disputants, the two sides in the dispute, in reaching agreement.[B] Other negotiations locus on determining who is more powerful, such as when quarrelling meighbours or nations exchange threats and counter threats. Often negotiations involve a mix of all three--some attempts to satisfy interests, some discussion of rights, and some references to relative power.[C] We often encounter disputes. If we don’t deal with it property, it will bring unexpected out- come to us.[D] The director of sales wants to produce more models because her interest is in selling TV sets; more models mean more choice for consumers and hence increased sales. The director of manufacturing, however, wants to produce fewer models. His interest is in decreasing manufacturing costs and more models mean higher costs.[E] Exercising power typically means imposing costs on the other side or threatening to do so. The exercise of power takes two common forms: acts of aggression, such as physical attack, and withholding the benefits that derive from a relationship, as when employees stop working in a strike.[F] It is often complicated to attempt to determine who is right in a dispute. Although it is usually straightforward where rights are formalized in law, other rights take the form of unwritten but socially accepted standards of behaviour, such as reciprocity, precedent, equality, and seniority. 42（）
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