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intelligence incompatible

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Started 10 years ago by aslkHua2

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aslkHua2
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Yesterday, Apple's online offer related MC503 is 8738-10078 yuan. Case, 14-year-old Liu to the price of 3,500 yuan sold his father with computer models. (Network screenshots) 14-year-old Liu Gang stole his father sell Apple computers. After learning the truth, to find her son Gang middleman selling computers, hoping to make up the difference to the way a refund or exchange for a computer, the results do not meet the middleman. Desperation. Gang with his son to limit civil capacity,hogan donna, commissioned behavior afterwards is not selling computers parental consent on the grounds, a request the court finds that his son and middlemen intervening contract null and void, let middleman return the computer or damages. Recently, the Gulou District of Xuzhou City Court of First Instance found, intermediary buyers but only introduce children to receive the reward,http://solve.yushulinfeng.cn/forum.php?mod=viewthread&tid=18580, not intervening contractual relationship between the parties, according to Liu Gang dismissed the petition. Obviously the child is to limit the capacity for civil conduct, this transaction significantly unreasonable nor legal reason, how would losing? Some lawyers pointed out: Gang lawsuit wrong target and should not be prosecuted middleman, and buyers should be directly prosecuted before the cable back to the computer. Evening News correspondent correspondent Wang Chenglin Jiangmin Yang child in Aviva Case presentation Cases cause 14-year-old son secretly sold his father Computer August 15, 1997 born Liu is reading the first two days. 10 years old,http://cqjhshop.com/news/html/?45486.html, his parents divorced, he lives with his mother in Xuzhou. After Liu choose a boarding secondary school, although no worries about food and clothing, but because of the lack of parental discipline, Liu Ming, and some idle youth mingle, frequently skipped school to play. From there, the case of the teacher that his son, the mother is very angry, broke Liu's pocket money. Liu was received financial power had to follow friends rub rub eat and drink, feel embarrassed, always looking for opportunities to get money. Seeing 14th birthday is coming up, Liu obtain consent of the mother, in August last year and watch his father train to Changzhou Gang. August 5, Gang in Changzhou, very happy to see his son with him to get around. Before leaving, Liu asked his father to spend money. Because of his son's behavior already heard, Gang did not give money, but also to educate him learn, to sever contacts with those young people in society. Liu is very depressed, he saw his father from Macao bought a Mac laptop,woolrich outlet online, I thought this valuable,moncler outlet online, they walked out, quietly put Apple back to Xuzhou. Train, Liu immediately contact two friends went to a phone with a computer repair shop, asked the owner whether computer recycling. Huang Chien-see is the owner of three boys, about seven meters tall, blond hair dyed red, computer couplers are also decent brand new, I did not think about, say, computer recycling. Some bargaining, the two sides to finalize the 3500 yuan. Huang immediately contacted a woman, the woman to the shop to 3500 yuan bought a computer and paid 100 yuan Huang commissions. Tortuous recourse Middleman not to beg, prosecution claims Since his son to leave quietly, Gang found to buy a new Apple computer suddenly disappear, suspect may get to play the son, they called to ask. Phone, son hesitated, at first reluctant to admit, some pressed until Liu Gang, the father was told the computer to the price of 3,500 yuan has been sold. Gang suddenly annoyed, immediately alert the local police station, and he rushed to Xuzhou. Local police found Liu and Huang were made inquiry transcripts, but because the case involves a civil dispute, police said it could not deal with the Gang. In this case, to find Huang Gang consultations in the hope to make up the difference for a refund or exchange for computer mode. But Huang said that he is not a direct buyer, computer sold to someone else, he now can not find this person. Seeing negotiation fails, in September this year, the son of the plaintiff Gang, himself or his legal representative Huang paper petition to court. Gang believes that his son Liu selling stolen computer under 14 years of age,orecchini tiffany, legally belongs to restrict capacity for civil conduct, he is entrusted to sell the computer behavior and his age, intelligence incompatible,http://211.86.128.2/gjjl/Review.asp?NewsID=595, after parental consent nor consent . In addition, that computers worth more than 10,000 yuan,http://portal.dl.saga-u.ac.jp, the buyer paid only 3,500 yuan belongs cheap. Therefore, the request with the court his son Huang intervening contract null and void, ordered Huang to return the computer or damages. Unexpected Results Claims reason not to set up the prosecution was dismissed The court held that, under the law, brokerage contract refers to the intermediary the opportunity to report to the principal contract or enter into a contract to provide media services,woolrich outlet, the remuneration paid by the client. From here, intermediary contract to set up, you must have two conditions are indispensable, is a chance to enter into a contract by the intermediary report to the principal after the conclusion of the contract to provide media services, and the other is up to the commission People paid. Computer trading process from the point of view of the case, Liu Huang Jian just commissioned computer sold to others, did not pay remuneration to the yellow building (100 yuan is the buyer paid Huang), and the parties intervening behavior does not meet contract requirements established Therefore, Liu Gang to intermediary contract invalid grounds, asked Huang sue for damages no legal basis. In addition, with regard to the value of the computer, because the only "Apple MC503" and "Total 13,000" and so on invoice Gang provided computer specifications, configurations, should be reflected in the contents of the invoice attachments are not filled. Meanwhile, the computer from Macau to buy, not belonging to one of the 20 kinds of duty-free goods, and unit price exceeds 5,000 yuan, Liu Gang also provide shopping declaration recorded through customs clearance certificates and the like. These, Gang are not provided, we can not prove the value of the computer. Therefore, the Drum Tower District Court dismissed the Gang legally sue. & Nbsp; & nbsp; & nbsp; & nbsp; (text characters are not his real name) Case Four Questions Teenage cheap computer can recover it? Lawyer Weapon: direct buyers or successfully prosecuted The cause of the case, the minor children Liu stole his father's computer, and then through an intermediary, to sell unauthorized. As a computer owner, Liu Gang had sued middleman claims, the result was rejected by the court. Then the computer can not recover in the end? How to recover? What the whole thing concern? Yesterday, the Yangzi Evening News reporter on the case, invite the legal profession made a comprehensive analysis. 1 Q Father stole computer count offense? Liu stolen computer for this behavior, Nanjing Ding Heng Law Firm Ma Yong expressed that in a legal sense, the children stole home stuff, but a civil dispute within the family, is not a criminal offense to carry out prosecution. The present case, the police did not pursue the investigation after Liu's responsibility is also reasonable. Question 2 Father why the prosecution failed recovery? As Gang prosecution middleman, but no reason for the successful recovery of the computer, the southeast of Jiangsu Cai Qingtao law firm lawyers believe that case, the only son of Liu Huang commissioned middleman to find a buyer, but afterwards by his remuneration is not paid, so the two sides does not exist intermediary contractual relationship, leading to the prosecution of his father Gang actually looking in the wrong,http://finalstraw.blogbus.com, "target", the court can only make judgments on the basis of his prosecution reasons, there is nothing wrong. Question 3 Cheap computer can not recover? "If you want to retrieve computer Gang, the most effective way is to directly sue the buyer." Caiqing Tao said, according to the Civil Code and the provisions of relevant laws,http://www.equiman.com, limited civil capacity among minors, may be his age, mental adapt civil activities, other civil acts by his legal agent, or subsequent consent of his legal representative job. Case scenario from the point of view, Liu and two friends of the same age at the same time to the repair shop selling computers, although the three reached about seven meters, intelligence is relatively normal, but as a child of this age, the value of the computer and consequences of transactions and no clear judgment and cognition, but did not get after selling his parents' consent, so the sales contract between him and the buyer is certainly invalid. The two lawyers have suggested Gang son should limit civil capacity, commissioned to sell the computer's behavior afterwards parental consent on the grounds not directly sue the buyer, advocated the contract null and void. As to how to find a buyer, the public security organs can help Gang, Huang Jian broker should have a clue there, it is not difficult to find a buyer. 4 Q. Minors are not valid contracts with it? Reporters after the interview, the legal profession mentioned, under the new contract law, such as minors juvenile limited capacity, not all of its contracts entered into are ineffective, there are two absolutely valid: one with him age, intelligence or mental health conditions of the contract entered into; the second is simply to obtain benefits of the contract. Other contracts, to wait for his legal representative ratified the job, otherwise invalid. He said two lawyers explained that, in this case, as a person with limited civil capacity,http://www.chisa-club.com/cgi-bin/support/mail.cgi, Liu trading behavior is not his age, intelligence and other conditions to adapt, and thus the law is not established. As for the "pure profit" contract, referring to the limited civil capacity to accept the gift, reward,http://211.86.128.2/gjjl/Review.asp?NewsID=595, as well as winning the lottery and other acts, is protected by law, Liu unauthorized trading of computer apparently not within this range. (Edit: SN056) 

Posted 10 years ago #

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