Tokyo Barrister: Start the law firm bankruptcy

Chapter 224 Crackling
Gu Meimen had to admit that the young man in front of him was one of the toughest opponents he had encountered in his legal career.He didn't expect that the lawyer named Beiyuan would be able to fight back in the face of the statute of limitations plea.The development of things has been somewhat beyond his expectations.

For now, however, there is only a slight disturbance.

In this world, it is impossible for everything to work 100% according to the way you imagined.

Occasional deviations are normal and unavoidable.

This lawyer with a 100% winning rate is a ferocious beast after all, and he showed his fangs to bite at the opponent in an instant, "It was a mistake for the plaintiff's attorney to use the metaphor of the subject and the subject just now. The subject The premise of this pair of concepts is that they are independent objects, and only because they have auxiliary functions in use can they form the main object and the subordinate object. The so-called legal open space and normal land are connected on the same piece of land. It is fundamentally different from the situation of the main object and the subordinate object.”

"The reason why the ownership of the secondary thing is determined by the change of the ownership of the main thing is only considered by the legislator out of the function of making the best use of the thing. In fact, the civil law does not prohibit the parties from making changes in the ownership of the secondary thing and the main thing. Another agreement. The subordinate property and the main property can be transferred separately, which is allowed by the civil law. Just now, the plaintiff’s agent deliberately confused the relevant concepts and distorted the legal principle that the ownership change of the subordinate property follows the main property into some kind of legal principle. Mandatory norms. It's fundamentally wrong."

"The legal vacant land needs to change with the ownership of the normal land, and it is only set up by the legislator to maintain the legal vacant land, so as to prevent the legal vacant land from being abandoned by the land owner."

"Just now the plaintiff's agent said that statutory vacant land is different from normal land and cannot be an object of independent ownership. This statement is even more wrong. In fact, the law also recognizes the property rights of landowners to statutory vacant land. It is just legislation It is only to restrict the use of this part of the land. The statutory vacant land is still the normal property of the land owner. We cannot judge that the other powers of the owner are restricted because of its use.”

"The statutory vacant land is the same as other normal real estate in other respects except that its use is restricted. There is no legal obstacle to the application of the statute of limitations acquisition system."

In the face of Gu Meimen's counterattack, Beiyuan responded unhurriedly: "The essence of the problem lies in whether the relationship between the main object and the subordinate object can be analogously applied to the relationship between the normal land and the legal open space. The main object and the subordinate object , showing a mutual supporting role in functions. It is also the same in legal open space and normal land.”

"Construction activities are carried out on normal land, and buildings are erected. The statutory open space is used for passage, lighting and ventilation. The two functions complement each other. In this regard, the relationship between the main object and the subordinate object is applicable by analogy The relationship between normal land and legal vacant land is exactly in line with the nature of both parties.”

"As for the statement that the defendant's agent just now talked about the application of the statute of limitations system for things, it is nonsense. The statute of limitations system is an exception in the law. It gives the possessor without the right to, under certain conditions, The right to convert the unauthorized possession into its own property. This right is a kind of concession to the unauthorized possession. As for the scope of application of the prescription system, only strict interpretations can be adopted, or even narrow interpretations, and cannot Arbitrarily expanding the scope of application of the system."

The words of the two barristers seemed to collide with sparks, showing an evenly matched effect.

It's like a tug-of-war has reached a critical moment.

Although the rope in the middle did not move, the tug-of-war players on both sides had exerted great strength and were dragging each other.

Imanoshi, who was sitting in the public gallery, watched this scene.He is well aware of the lethality of the statute of limitations defense proposed by Gu Meimen to this lawsuit.Right now, if there is a tie, it will be Bei Yuan who will suffer.If he can't push back, then this case is in danger.

This kid, can he still think of a way to break the situation?
What Imamishi can think of, Kitahara has already thought of.

The young man standing in front of the plaintiff's table understood the situation he was in better than anyone present.After Beiyuan issued the rebuttal just now, he immediately fired again:

"On the other hand, the prerequisite for the application of the statute of limitations must be that the possessor has the right to exercise possession on his own initiative. However, the photos just presented by the defendant can only prove that the pillars of the hotel were built on Gao Jing's father's land Facts are not sufficient to prove that the hotel has exercised its possession of the land involved in the case based on the subjective intention of owning the land.”

Beiyuan strolled in the courtroom, started gesticulating, and explained: "For example, I own a house. However, the reasons for my possession of this house can be various. For example, based on the subjective meaning of intentional infringement, I can Occupying this house. I know that this house is owned by others, and I choose to occupy other people’s house. Another example, I may also occupy this house based on a lease relationship. I am temporarily living in this house as a tenant. Another example , I may also be because I know that this house has been abandoned by others, so I started to live in it, treating it as my own house, and exercising possession.”

"Among these three situations, only the last one constitutes the element of the subjective state of mind required for obtaining the prescription. In the case of intentional infringement or possession of real property based on other legal relationships, it cannot be regarded as satisfying the requirement for obtaining the prescription." meaning 'to take possession of the real property involved in the case.

"Therefore, the evidence presented by the defendant can only prove the objective fact that the hotel occupies Gao Jing's father's land, but cannot prove the subjective mentality of its possession. Therefore, the defendant's photo has nothing to do with its proof purpose. It does not prove that the defendant has satisfied Apply all the legal elements required by the statute of limitations!"

It sounded like a "beep" in the courtroom.In an instant, Beiyuan found a new breakthrough and tore apart Gu Meimen's defense of obtaining the statute of limitations again.

Gu Meimen's usually calm face frowned slightly. Originally, he wanted to continue to refute Beiyuan's point of view on the subject and the subject, but in an instant, the young man found a new attack. angle.This extremely fast reaction speed has really exceeded his expectations.

Originally, Gu Meimen predicted that in this lawsuit, the two young people on the opposite side should not even be able to survive the two third-person links that were added in the initial defense.Unexpectedly, the other party has now survived the court investigation, and even survived the last piece of evidence he presented.

It seems that I have to take this lawsuit a little more seriously.

Gu Meimen gently turned her shoulders, relaxing some stiff joints, and there was a soft snapping sound from the joints.This great devil in the legal world is about to start dealing with the young man in front of him seriously.

(End of this chapter)