Grassroots lawyers also have spring

Chapter 135 Defense
At 10:30 in the morning, Ms. Wang walked into the meeting room on time, signed the entrustment procedures neatly, and was invited by Director Niu to the office to discuss big deals.

"Zheng Lu, the court date on the subpoena is [-]:[-] am on January [-], [-]. I checked and it happened to be Friday." Wang Chuan said.

"Well, it's only a few days away. The court will be held on New Year's Day. It's urgent enough! But it's also good, the court will be held early." After Zheng Yi finished speaking, he looked around and said in a low voice with a smile: "Friday The court will be held in the morning, so there is no need for a weekly meeting."

During the lunch break, Wei Ping sent a message to Wang Chuan via QQ.

Wei Ping: Brother, are you going home on New Year's Day?
Wang Chuan: I won't go back. New Year's Day will come soon after New Year's Day. January NO.18 is [-]. I'll go back during the Spring Festival!
Wei Ping: What are you doing in the imperial capital?Are there any arrangements?

Wang Chuan: No arrangement!Take a few days off, maybe go to a bar and sing.

Wei Ping: Oh, after I finish the IELTS test, I will go to you to learn piano!
Wang Chuan frowned, hey!Take other people's shorthand: yes, we are waiting for you at any time.

In fact, Wang Chuan was very entangled in his heart: after being together for so long, he has long been in love with Wei Ping, and the two of them are very comfortable and happy together!But poverty imprisoned his courage to pursue love!
He has been living under the shadow of the failure of his first love, he dare not confess or show a little love, afraid of losing again!
In the afternoon, Wang Chuan and Zheng Yi entered the conference room and began to discuss each other's appeal.

"Wang Chuan, what are the facts and reasons for the other party's appeal?" Zheng Yi asked sitting opposite Wang Chuan.

"The appellant claims to annul the first-instance judgment and dismiss all of Ms. Wang's claims.

Facts and reasons: First, Ms. Yun did not know that Mr. Zhao was married during the relationship between Ms. Yun and Mr. Zhao, and she was not malicious subjectively.

Second, Ms. Yun did not know that she was married when she accepted the gift from Mr. Zhao, which is a bona fide acquisition, and the gift should not be deemed invalid.

Third, during the first instance, Ms. Wang claimed that Mr. Zhao donated the joint property of the husband and wife to Ms. Yun, and Mr. Zhao acknowledged this.

In the first instance, Ms. Wang claimed to return the donated property, but Mr. Zhao did not claim to return it.Since the property is jointly owned by husband and wife, Mr. Zhao should own 50.00% of the donated property, and he has the right to dispose of this share.

Mr. Zhao's gift to Ms. Yun is completely voluntary, and he has not received any threats or coercion. The gift should be legal and valid!
Therefore, even if the donated property is to be returned, only 50.00% of Ms. Wang's due property should be returned, not all of it. "Wang Chuan said.

"Well, let's answer one by one. You first talk about your thoughts." Zheng Yi said.

"I think, first of all, the defendant, Mr. Zhao, has worked in the unit for nearly 20 years, and everyone in the unit should know about his marital status. The defendant, Ms. Yun, was transferred to Mr. Zhao's staff about half a year after entering the company. After that, the two had an affair. relation.

From this point of view, it is impossible for Ms. Yun not to know that Mr. Zhao is married, and Ms. Yun's reasons are unreasonable! "Wang Chuan said.

"Well, it makes sense. We mentioned this matter in the first instance before, and the court of the first instance supported our opinion. The second article is actually related to the first article. The first article said that I didn't know I was married and pretended to be Victims, the second article borrows 'obtained in good faith' to exempt from the obligation to return the donated money!" Zheng Yi said with a serious expression.

The "good faith acquisition" mentioned by Zheng Yi is a legal system.

According to the provisions of Article No. 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Property Law of the People's Republic of China, if the transferee does not know that the transferor has no right to dispose of the transferor when he transfers the real or movable property, and has no major fault, the transferee shall be deemed Make people feel good.

This provision is an interpretation of "good faith" in the "good faith acquisition" system.

There are also provisions on "good faith acquisition" in the Property Law. Article [-] of the "Property Law" stipulates that if the person without the right to dispose transfers the real estate or movable property to the transferee, unless the law provides otherwise, the transferee shall acquire the ownership of the real property or movable property if the following conditions are met:

([-]) The assignee is in good faith when accepting the real estate or chattel;

([-]) transfer at a reasonable price;
([-]) The transferred real estate or movable property has been registered if it should be registered according to the law, and has been delivered to the transferee if it does not need to be registered.

To put it simply, if the seller does not own the goods (and does not have the authorization of the owner), the buyer does not know the above situation at the time of the transaction, but the buyer has purchased the goods at the market price and paid the price , and have gone through the registration procedures, or have actually taken possession of the goods.

At this time, even if the owner finds the buyer, the buyer does not need to return the goods, because the reason is that they obtained it in good faith.

Of course, bona fide acquisition cannot be used for illegal goods, such as DUPIN, Qiangzhi, Danyao, etc.

"Before I checked the legal regulations, the premise of good faith acquisition is that Ms. Yun must be in good faith, but it is impossible for her not to know the fact that Mr. Zhao is married, so it is not good enough, so there is no good faith acquisition." Wang Chuan thought. thought of.

"Then what about the third one?" Zheng Yi said with a smile.

It should be said that he is still very satisfied with the trainee lawyer in front of him. When he meets Wang Chuan who doesn't understand, he knows to search and search for cases, and then discuss with him with the results he found, and he will not blindly follow him. Asking questions behind his ass.This is also the main reason why he has been able to cooperate with Wang Chuan for so long.

In other words, that lawyer doesn't want an assistant who can help him search and analyze legal issues and solve them!

"Article [-] is somewhat difficult to grasp. From the point of view of marriage law, money and things obtained during the relationship between husband and wife, unless there is a special agreement between the husband and wife, are jointly owned, and both parties have the right to dispose of them.

I have inquired before, and some lawyers hold the point of view in Ms. Yun's appeal, that the man and the woman each hold 50.00% of the joint property.

However, in this case, the relationship between Ms. Yun and Mr. Zhao is not a normal love relationship, but an improper relationship, which itself violates public order and good customs, and has already violated Ms. Wang's interests.Therefore, from this perspective, Ms. Yun's point of view in the appeal is untenable. "Wang Chuan said.

"Well, in fact, judges should not only judge cases based on cold legal regulations, but also guide the public to establish correct social value orientation.

Laws and regulations are made by people to maintain social order.If an act disrupts the social order, or leads the public in an immoral direction, then the judge must consider the value orientation. "

Zheng Yi took out a cigarette as he spoke, and was about to light it when Wang Chuan pointed to the wall next to it, where "No Smoking" was posted on the wall.

(End of this chapter)