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Chapter 6 On the Importance of Registering the Property Ownership Certificate Immediately After Buying a House

After using the first round of smoke bombs on the Zheng family, Shen Shuren, who had been tense since time travel, could finally relax for a few days and adjust his state.

Every day, I attend some church meetings and literary meetings with my newly-acquainted Zhang Huangyan and Gu Yanwu, to further adapt to the social life in the late Ming Dynasty, and to adjust my words and deeds.

When he is free, he flips through "Laws of the Ming Dynasty", slowly pondering and perfecting his plan of "going to Nanjing by pretending to commit a crime like Xue Pan".

Anyway, it's useless to be anxious about these things, Shen Shuren has already figured it out, and things need to be done in two hands:

On the one hand, he has to plan how he will commit the crime and how to follow up with judicial procedures.

On the other hand, he wants to wait for the Zheng family to be run out, and then send Zheng Sen to Suzhou first, creating a certain established fact.

If the latter aspect is still there, the former aspect is advancing too fast, which may arouse the vigilance of the other party and cause bad things.

Therefore, Shen Shuren estimated that he had half a month to slowly think about the plan.

Of course, during this process, he could not completely let things develop naturally, so the day after he had lied to the Zheng family, he discussed with his father, Shen Tingyang, and asked his father to quickly reply a secret letter to Mr. Yang Ge, Minister of the Ministry of War, Report on the current progress of the project——

For projects that take half a month or even a month to see results, it is very important to report to the leader regularly in the middle.

You can emphasize new unexpected situations and new difficulties encountered in the task, and show that you have thought of ways to solve these difficulties.

In the workplace, people must not only be able to do things, but also be able to come to them.It is always right to seize every opportunity to perform in front of the leader and report the PPT several times.

However, Shen Shuren's style really made Shen Tingyang a little uncomfortable at first.

Shen Tingyang's official consciousness is actually not high, but he is good at doing business and managing financial accounts. He belongs to the talents of this era who prefer science and engineering. To put it bluntly, he is good at mathematics.

In particular, the Shen family has several million taels of property. People like Shen Tingyang have been officials for many years and never care about ingratiating themselves with superior officials.

People in the Ming Dynasty generally worked at a slow pace, and communication was inconvenient. The habit of "reporting in progress" was indeed not formed.So Shen Shuren, a reporting maniac who came out of the workplace in the 21st century, seemed very conspicuous.

Shen Shuren repeatedly persuaded and emphasized to his father:
"The matter assigned by Mr. Yang Ge should have been planned this month, but now it has been delayed for at least another month, and my father also replied to the Imperial College with a letter asking for sick leave for me.

If we don't tell Mr. Yang about this to make him feel at ease, I'm afraid Mr. Yang will start to hate us before this matter is over.

What's more, we sent letters to report by ourselves, and described the Zheng family as treacherous and vigilant, saying that they were very well-informed. Not long after Mr. Yang Ge's secret letter was delivered to our Shen family, the Zheng family came to obstruct it.

In this way, this matter has not been done for the time being, and the guilt can also be pushed to the tricks of the Zheng family, but we are only out of prudence and do not dare to act rashly, but we have tried our best to facilitate it. "

After thinking about it so earnestly, Shen Tingyang felt that it was indeed reasonable, so he wrote a secret letter carefully, and waited for a suitable time to send it to his confidant who was absolutely confidential——

Of course, this time, the Shen family's own boat and people were used to deliver the letter. Unknowingly, the Zheng family had no idea that the Shen family had contact with Yang Sichang.

The process of delivering the letter was also quite tortuous, and finally it was delayed until the beginning of June before it reached Yang Sichang's hands.

This is mainly because Yang Sichang's current residence is also erratic.At the beginning of May, Yang Sichang was still in the capital, and he went south after being ordered to supervise the six provinces.

Originally, Yang Sichang's station should be in Wuchang or Xiangyang, mainly to encircle Zhang Xianzhong or Luo Rucai.However, on the way to the south, there were several situations where the corruption and expansion of the thief's love occurred, forcing Yang Sichang to go all the way and make arrangements to plug the leak.

The latest banditry has spread to the east in the Dabie Mountains in Huainan, mainly the "Gezuo Fifth Battalion" headed by Ma Shouying and others.If it is left alone, it may spread all the way to Hefei, threatening the Jiangbei area around Nanjing.

So Yang Sichang urgently adjusted his itinerary on the way, first stationed in Hefei for a period of time, and urged Shi Kefa stationed in Hefei to stop the thieves from continuing to expand eastward, and then went to Wuchang to join Zuo Liangyu after the situation was stabilized.

Fortunately, the messenger sent by Shen Tingyang was also quite clever. He searched for news along the way, and did not miss Yang Sichang's residence, and sent the letter to Hefei.

In the midst of his busy schedule, Yang Sichang actually somewhat forgot about the trivial matters assigned to him earlier.

Now I saw Shen Tingyang's reply, which emphasized that he must fulfill the mission of Mr. Yang Ge no matter what. He also said how well-informed the Zheng family has and how well-informed he was. how late...

After reading it, Shen Tingyang also left a "diligent" influence on Yang Sichang's heart, and fully realized that this task is indeed difficult. If he can do well in the follow-up, he must be rewarded well.

……

The words are divided into two ends,

As time entered the beginning of June, on the Suzhou side, it had been ten days since Shen Shuren's first crossing.

After ten days of studying the "Law of the Ming Dynasty", he finally figured out the plan of "how to commit a case that needs to be referred to Nanjing for review".

It has to be said that Shen Shuren's thinking was finally attracted by the path dependence of "Dream of Red Mansions".The method he came up with was similar to Xue Pan's "competing with Feng Yuan to buy Xiangling and beating people to death".

However, the specific details and illegal design are quite different.

After all, Shen Shuren has the legal thinking of later generations, and he has a deeper understanding of the difference between "property rights and creditor's rights" than any Ming Dynasty person.

Therefore, from the very beginning, he wanted to design a "buyer who did not register or deliver, only a contract, and he, as a buyer later, has registration and delivery, and evidence of credibility registered by the government",
In this way, once the person who bought first came to compete, it would be "robbing slaves" or "breaking into private houses". If the other party took the initiative to provoke a conflict, even if they fought back and killed them, it would not be illegal.

Moreover, Shen Shuren also looked up the "Law of the Ming Dynasty" in detail, and really found some marginal clauses that could be used.

This matter is more complicated to say in French, but it is easy for people to understand if it is translated in human language and given an example.

For example, take the case of Xue Pan beating Feng Yuan to death in "A Dream of Red Mansions".
But it is clear that Cao Xueqin is only a writer and also legally illiterate.As long as the details of this case are slightly adjusted, Xue Pan can be found not guilty.

Although there was no "Property Law" in ancient China, there was still a simple idea that property rights were higher than creditor's rights.

Feng Yuan bought Xiangling, and after he bought it, he "would come to marry after three days", that is to say, he did not "deliver the movable property" after buying someone, and did not actually possess Xiangling.Therefore, his interest in Xiangling is still a "creditor's right", a relative contractual right.

Although Xue Pan bought it later, the Xiangling he saw when he bought it was still in a state of not being "possessed", and he was a legal "unknowing and bona fide third party".

And Xue Pan didn't want to marry Xiangling, and he probably wouldn't have the ceremony of "come back in three days to marry grandly".With Xue Pan's temperament of not paying attention to maids, it is likely that he will pick them up after paying the money.

Of course, "A Dream of Red Mansions" did not say that Xue Pan would pick up people after paying the money.But if Xue Pan mentions someone, then the transaction of Xiangling's "movable property" will be "delivered" by him, "actually possessed", and the "creditor's rights" will be successfully transformed into "real rights".
However, property rights are higher than creditor’s rights. Feng Yuan took the contract and wanted to visit Xue’s house to ask for someone. If there was an armed conflict, Xue Pan could rely on the other party’s justifiable defense of “breaking into private houses and seizing slaves and maidservants”.

This legal logic is similar to the case of "one house, two sales". The first buyer only signed the contract but did not transfer the real estate certificate, and the later buyer transferred the real estate certificate and went to the court. It is a logic for those who buy and apply for a real estate certificate later.

Real property rights are based on registration, and movable property rights are based on delivery. Without registration and delivery, the creditor's right is just a creditor's right, which is a lower relative right.

With the action of delivery or registration, it rises to a more noble real right and absolute right.

There was no "Property Law" in the Ming Dynasty, but the Ming Dynasty also had a registration/notarization system for personal and real estate transactions. Generally, when selling a person or a house, the local elders and village sages and neighbors should be called to witness together. The registration is clear , Announce the township.

"Law of the Ming Dynasty. Household Law" also stipulates that the purchase of land and houses must be notarized and the deed tax must be paid. If there is no deed tax, it will be whipped forty.

And if the later buyer pays the deed tax through notarization, then of course the later buyer who has completed the formalities will be protected.Those who buy first without notarization and payment of deed tax, if they come to fight for it, they are trespassing on private houses.

Therefore, if Shen Shuren designs a case and finds a "woman or property that someone else secretly bought, but has not had time to register" in Suzhou, and then he also buys it, and makes a notarization registration before the time difference, he can intercept the case. Hu Chenggong.

If the other party comes to snatch it like Feng Yuan again, he can defend himself legitimately.

However, even though he had an idea, Shen Shuren was still a little hesitant about how to implement it and how to find the target.This caused him to delay from the end of May to the beginning of June, giving up several potential targets and being unable to make a move for a long time.

After all, he is a person from the 21st century and has a moral bottom line, and he doesn't want to deal with those bitter law-blind people.

If a person who buys a woman to buy property, just because he doesn't understand the law and didn't register in time, designs to lure and anger the other party, and then kills him, Shen Shuren can't stand it morally.

He still wants to find a chance to act chivalrously. It is best that the person he kills is a bully who bullies men and women. If he uses poison to fight poison and yin to control yin, then he will have no psychological burden at all.

Moreover, if the other party is not a bully enough, after being cut off, it is very likely that he will directly choose to admit that he will not come to fight, so Shen Shuren is still defending a woolen thread?

You must first do a good job of intelligence research to ensure that the person you provoke is a firecracker who will explode at one point, not a timid person.

Therefore, Shen Shu slowed down the pace for the time being. Before the last moment, he would rather wait and look for more targets worthy of his punishment.

In the process of searching, Shen Shuren failed, let go, and changed his goals several times, but these failed attempts were not completely fruitless, at least Shen Shuren summed up several indicators for selecting targets.

"It seems that we must choose those large transaction targets involving at least tens of thousands of taels of silver to cut off, and at the same time, the value of this transaction target must be seriously underestimated before, and there is a lot of room for a premium after cutting off.

In this way, the person cut off by me has a relatively high probability of being a powerful and fearless bully.At the same time, there is also a strong enough motivation to snatch back the intercepted target.

If it's like Xue Pan's case of buying Xiangling, you can buy a girl for five taels of silver, then the original buyer must be a bitter, timid little squire like Feng Yuan?This kind of person is too innocent to kill him, and secondly, he probably doesn't have the courage to resist. "

After summing up this valuable experience, the next question becomes: how to find an "irregular transaction" involving tens of thousands of taels in the Suzhou prefecture in a short period of time?
When it comes to this kind of amount, if it is to buy manor land, it is likely that there will be more than hundreds of acres of fertile land and mulberry gardens, or there will be supporting embroidery and spinning, weaving and spinning factories that can be transferred together.Such a big deal is rare every year, and it is not easy to find it in a short period of time.

If buying a woman instead of a manor property, then the few thousand taels of silver would basically be an oiran redemption-level transaction.It seems that it is not easy to find such a woman who just happens to be redeemed to beat the time difference, and there are people who are jealous.

However, when Shen Shuren inquired about these news, he still had to inquire around the bush. Even if he used his father's influence and resources, he didn't dare to say clearly what he was looking for.After all, it's not easy to tell the whole story about such a despicable method.

……

The time came to the fifth day of June in a blink of an eye.

This day is supposed to be Shen Shuren's turn to book a banquet for guests, and invite Zhang Huangyan, Gu Yanwu and other humanities associations to exchange ideas and discuss current affairs.

Shen Shuren knew that staying at home would not help in planning, and he had almost learned the relevant chapters in "Law of the Ming Dynasty", so he went to the appointment early in the morning with something on his mind.

Unexpectedly, a few casual words from his cousin and Gu Yanwu at the meeting inspired him.

(End of this chapter)