Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?

Chapter 242 Judge: Requesting the establishment of a fraud contract in front of me?You are quite brave!
"First of all, let's look at this so-called contract. We request the judge to identify it as a fraudulent contract in court. First of all, I will argue in court that this contract is not a legal contract, so it cannot be established!

Secondly, I will enumerate some of the clauses in the contract one by one in the following process, showing that this is a premeditated fraud!
And this contract will be used by us as evidence of fraud by the defendant to present evidence in court!It will also explain! "

The piece of evidence Luo Kai held in his hand... was led by a dating agency, which called the parents of both men and women to the scene and signed it through some means!
Of course there are all kinds of deception and fraud in this process!
It is estimated that various details cannot be restored.

Even if I could tell it, I couldn't produce definite evidence.

But the various things recorded in this contract are written in black and white on it, so you can make a fuss about it.

It is even said that this is a very important piece of evidence.

If you want to convict a total of two parties of the defendant!

If their charges of fraud and extortion are proven true!

Then let’s start with the so-called contract in hand!
Use it as a breakthrough.

This is the hardest and most critical step.

Just like cutting down a tree, you have to find the roots!

Then come the chainsaw!
Find the key weak spots so that you can cut down the tree!
Otherwise, there is absolutely no need for you to follow those minutiae.

Those who didn’t know better thought you were pruning the branches and leaves of this tree.

Shu: Did you not eat?Give me some energy.

Ah!
That's probably what it means.

If you want to kill a snake, you have to kill the youth all at once.

Otherwise, if this poisonous snake waits for it to react, it will definitely attack and bite you back!
Apart from anything else, as long as there is a slight bump or something, things will be quite troublesome.

Too lazy to toss.

There is no need for fussing, just cut it off in advance.

in the next steps.

It is necessary to prove that the defendant woman and the dating agency have committed the crime of extortion and fraud. There is enough evidence for the crime of extortion and it is basically easy to solve.

However, if the crime of fraud is to be regarded as a trap, certain operations are required.

So we have to start with the fraudulent contract.

The contract is first deemed invalid and then considered as evidence of a crime.

Ah!
This is a difficulty.

But a breakthrough must be made.

what?
You said that Lawyer Luo found witnesses and came to the court to testify.

These witnesses provided only reference evidence.

Rather than the most direct evidence of the main output.

Just like when a judge determines whether a person has committed a crime, what he looks at is what he has done and what crime he has committed, such as whether there is the most direct evidence of stealing or robbing something.

As for the victim's statement that the prisoner had stolen and robbed someone from the same village, it can be used as a reference, rather than the most direct and fatal evidence.

The same is true in this case of marriage fraud and extortion.

……

above the court.

The clerk holds the original contract in his hand.

On this original document, all the text and handprints are from the first hand.

Projected on a huge screen.

The judge held a copy in his hand.

One per person.

After doing this.

When Luo Kai started talking about the copy in his hand one by one, the judges were able to quickly and accurately find the location where Luo Kai was talking.

Inexplicably, I feel like a university teacher drawing key points for students at the end of the semester...

Luo Kai was in the court with all his firepower:

“First of all, the reason why I dare to propose that this contract is invalid is because this contract was signed under unfair, unreasonable, and even illegal circumstances.

Without the knowledge of our client, the defendant woman and the dating agency as the witness colluded using marriage as a bait to maliciously deceive and lead to the signing of the contract!

Among them, the starting point of the defendant's marriage was to defraud. Their behavior was a crime, and they also secretly colluded with each other and colluded with each other.

According to the law, if a contract is signed under the threat of deception and malicious collusion between the witness who signed the contract and the party who signed the contract, then it can be deemed to be an invalid contract, and no legal benefits will occur from beginning to end! "

Luo Kai felt his mouth was a little dry.

He took a bottle of water next to him and took a sip.

A void contract is a contract that is not legally binding and has no effect of performance.

Generally speaking, once a contract is established in accordance with the law, it is legally binding!

However, an invalid contract is due to factors such as violation of the law. Therefore, even if it is established, it is not legally binding.

A void contract is void from the beginning.

The so-called invalidity from the beginning means that the contract has no legal binding force from the time it is concluded, and it will not be converted into a valid contract in the future.

For those that have been performed, the parties' property should be restored to the state before the conclusion of the contract by returning the property, compensating for losses, etc.

How will Luo Kai identify this contract as invalid?

There are 5 imperial principles for determining invalid contracts.

As long as you get involved with one of them, you can apply to have the contract deemed invalid.

Two of them were contracts signed with threats of fraud, malicious collusion and other means.

The so-called fraud means deliberately concealing the true situation or deliberately telling the other party false information, deceiving the other party, and inducing the other party to make a wrong expression of intention and conclude a contract with the other party.

The dating agency and the mother-in-law colluded with each other to commit fraud and set up a huge fairy trap.

Using marriage as a bait, they took money after money from the man and his parents again and again!
On the surface, it sounds nice, that's a deposit, that's a deposit, and the dating agency will keep it for you.

It will be transferred to the woman after marriage.

But after the marriage failed, the man asked for a refund, but the woman and the dating agency flatly refused.

He even claimed that the man would have to pay more money in the future. In order to ensure that he could get the future compensation quickly and on time, he first deducted the betrothal deposit and other things he had given before.

This reason is outrageous, okay?
It's like a ball game that hasn't been won yet!
One of the players had already opened the champagne at halftime!
We have even thought about where to send the bonus after winning first place:

Are you going to have a party, or buy a villa, luxury car, etc.?
Therefore, if there is deception in signing a contract, then a contract can be deemed to be invalid.

If this is not enough, then add one more situation that is explicitly stipulated in the law.

It is a malicious collusion between the witness and the party signing the contract.

Enable an unsuspecting party to sign a contract.

A contract with malicious collusion refers to a contract in which the two parties to the contract illegally collude to seek personal gain and jointly enter into a contract that harms the legitimate rights and interests of others...

……

The original contract was displayed on a huge projection screen.

All the words written on the contract were seen by the people present and the netizens watching online.

Prepare a transfer agreement before getting married.

The name is this one.

Just...direct?
Looking below, there is information such as the names and ID numbers of both parties to the contract.

There were also several finger prints stamped on it.

This is what both parties clicked on when signing the contract.

Next is the most important content of the contract, which is the contract terms.The various clauses above are simply insane.

Like a vampire.

such as:

"... After the man gets engaged, he will transfer the corresponding wedding preparation fees and bride price to the account designated by the matchmaking agency according to the agreed time. If there is a breach of contract, the woman will not return the bride price regardless of whether the marriage is successful or not... …”

"...Before receiving the certificate, the man needs to add the woman's name to the new marriage certificate. If the addition fails, regardless of force majeure factors, all adverse consequences will be borne by the man alone, and the woman will be compensated for the same value. the property of……"

"...When the woman holds a wedding banquet, if the money consumed exceeds the scope, the man will eventually be reimbursed..."

"...all the money is put into the account designated by the dating agency..."

"..."

The contract content above spans three pages.

Look dazzling.

Bystanders read the contract clearly and understand it.

At the same time, I also felt that my blood pressure was unknowingly high.

The whole article is about what the woman wants!

There is absolutely no obligation for the woman to fulfill.

Just rights and no obligations, right?
Especially the regulations here are simply outrageous.

What's even more outrageous is that it is quite comprehensive.

This contract is simply extremely harsh.

The woman has even considered various situations!

For example, the consequences of a failed wedding and failure to register the woman's name in the house book have been considered!

And some preset situations were also made...the man was the one who was taken advantage of and was responsible for paying for it.

it is good!
What kind of contract is this?
Let’s not talk about anything else, let’s just talk about that one... If the money is not paid into the designated account on time, then the responsibility will be borne by the man.

If the wedding fails, the bride price will not be refunded, the deposit will not be refunded, and the wedding expenses will not be refunded.

Then give it a try.

Yes, maybe I just want to give up my hair...

Good guy, before getting married, the situation after the marriage fails has been clearly written down in the contract.

unbelievable!

That's outrageous, okay?
It's like setting up a company.

Several partners will also pool money with each other, instead of everyone having to work together, allowing one person to contribute all the money, but occupy a small part of the shares.

What’s even more outrageous is that after the company failed to be established, all the damage was borne by one person.

What has become of this person?Have you become a bad guy?
Have you been taken advantage of?

After the judge saw those specific clauses, his blood pressure was high.

Is this a contract?
This is a complete guide to scams.

And if nothing else happens, the woman’s defendant’s lawyer may then demand that this piece of evidence be recognized as legal?
The focus of both the plaintiff and the defendant is whether this piece of evidence is legal!

The judge frowned.

The same goes for Luo Kai.

After drinking the water, Luo Kai pointed to the copy of the contract in his hand.

I just feel my temples are beating.

No matter how many times I have seen this contract.

As a professional lawyer, I felt that my blood pressure was instantly high.

The man sitting next to the plaintiff lowered his head in shame.

He could feel the countless eyes at this moment, and there might be doubts and concerns in the eyes looking at him.

That look seemed to say, you must be mentally ill, or you may have been taken advantage of.

Would anyone with a mortgage dare to sign such an extremely humiliating contract?

Will I die if I don't get married?

Yes, it's possible to die.

The role of the man’s parents in this process cannot be ignored.

The marriage was forced from the very beginning.

It is understandable that I want my son to get married as soon as possible and find a wife so that the couple can have a grandchild quickly!
I feel a little anxious, which is understandable!

But the reason why the old couple urges them to continue getting married is that the initial investment cost is too high. To use a proprietary word, the cost of silence is too high.

After all, before the woman blocks the man.

The old couple has spent nearly 30 yuan.

More than 30 yuan cannot be wasted.

So under the influence of this huge sunk cost.

Finally signed the contract.

Eventually led to the tragedy.

Hey!
It’s quite outrageous, quite outrageous.

Rather!

This kind of thing happens quite a lot.

I hate it.

Why don't you try to be more angry?

Gan!
……

After netizens saw these terms and conditions, I don’t know how many people were suddenly pricked in their hearts.

Speaking of bride price.

That is a nightmare that no one can avoid.

It’s a pain that no one can get around.

"I don't understand. We are already in modern society, why do we still need to pay a bride price? I find it incredible. Logically speaking, there is a gift for what comes and goes, isn't there a gift in return? Why did the woman return only 6 quilts? , just returned six quilts?"

"The product is at least a buyout, right? If I give you the money, I will lose half of my assets [doge] in the next one or two years!"

"You say it's a marriage, she's trying to cash out, you say it's a business, she doesn't operate with integrity, she's so happy to see you paying for it and she suddenly increases the price [laughs and cries]!"

"The betrothal gift in our small county is 18 yuan. A fully paid apartment is almost 8 yuan without decoration. A car is not expensive now. I don't understand that you can usually get it for 40 yuan.

Not counting other miscellaneous things, it’s almost RMB 70. Generally, migrant workers can get a maximum loan to buy a house, and it will take 15-20 years to repay it.

This kind of marriage is something that the parents cannot afford if they don’t have any savings.

If you think about getting married and having a baby and going to school, you can't let the child live in a bad life... I don't even dare to let it go.

When you finally raise your baby, will you have the money to help your baby get married?Cover your face"

"It's like when you go to a game mall to buy a game. The introduction is pretty good, but it costs hundreds of dollars. After buying it, you find that it's not a buyout game. You still need to top up money. The more you play, the worse it gets. Finally, when you want to get a refund, you find that it's already gone. It’s past time [doge]!”

""What I want is not money, it's your attitude", "I can take it, but you can't give it", "Maternity Protection", "Housework Compensation", "Serving the Parents-in-law", "Girls give you the best of their youth" ”, “It’s not easy for my parents to raise me so big”, “Our tradition there”, “The more money a man has, the more respect he has”, “Most girls don’t want it”!
There is also the classic: housewife = free nanny + teacher + childcare provider + finance + etc., etc., after calculation, you should be paid more than 100 million yuan in salary a year, why do you want such a small gift, don't get the advantage and still behave...

After getting married, "I don't do housework at home, why should I do it now that I'm married to you?" So, do you do any housework? [laugh]"

"..."

(End of this chapter)