Legal knowledge popularization (II)
Published:
2017-06-05
You see on the road hanging "China Mobile XX business hall", go in to do business, the staff inside also called "we are mobile 」. As a result, a series of problems occurred. Call the mobile customer service and claim that it is not the mobile self-operated business hall but the authorized business hall. If the mobile is not responsible, it can sue China Mobile.
▶Legal knowledge popularization (II)
11, see the agent.
You see on the road hanging "China Mobile XX business hall", go in to do business, the staff inside also called "we are mobile 」. As a result, a series of problems occurred. Call the mobile customer service and claim that it is not the mobile self-operated business hall but the authorized business hall. If the mobile is not responsible, it can sue China Mobile.
▶12. Unjust enrichment
See what I answered earlier.
Q: Due to the negligence of the bank, A's bank card grew by 10,000 yuan, and then A used 10,000 yuan to speculate in stocks, making a profit of 5,000 yuan. The bank found out.
Ask A how much money should be returned to the bank and why?
A: The 5000 yuan obtained from 10000 yuan's stock trading by using unjust enrichment is not the fruit of unjust enrichment, but profit-making income. In accordance with the law, the cost of labor management shall be deducted and collected. 10000 yuan of unjust enrichment shall be returned to the bank.
Legal basis:
Article 92 of the General Principles of the Civil Law
[Unjust enrichment] If there is no legal basis for obtaining improper benefits and causing losses to others, the improper benefits obtained shall be returned to the person who suffered the losses.
Article 131 of the Opinions of the People
The improper benefits returned shall include the original and the fruits of the original. Other benefits obtained from the use of unjust enrichment shall be collected after deducting the cost of labor management.
▌ Guarantee Law
▶13, deposit
Although the contract says how much to pay the deposit, but you can not pay, because the deposit contract for the practice of the contract, do not pay the money will not take effect.
▶14. The way of guarantee
It is divided into general guarantee and joint guarantee.
It is a general guarantee that the guarantor is liable only when the debtor is unable to perform the obligation. The general guarantor has the right of first defense, that is, the creditor can be required to sue the debtor first, and the debtor can not pay off the debt before the guarantor can be required to assume the debt.
If there is no agreement or agreement in the guarantee contract, it is a joint and several guarantee. That is, the creditor may choose to sue the debtor or the guarantor.
▶15. Guaranteed subordination of debt
Guaranteed debt is called a subordinate debt, and its existence depends on the principal debt, I .e. the debt between the creditor and the debtor. This means that if the debtor repays the debt owed to the creditor, the guarantor's guaranteed debt is naturally extinguished.
▌ Tort Liability Act
▶16, product liability harm payment.
There is no explanation here, with the contract law of the harm payment.
▶17. Motor Vehicle Accidents
I am still worried about a car accident after lending my car to my friend. I can rest assured that I am not responsible. If you do not know that the other party is at fault without a license, drunkenness, etc., then the responsibility is borne by the driver.
It should be noted that if it is not a contract of carriage relationship but a well-meaning ride, the driver's negligence causes the passenger to be injured is subject to tort liability.
▶18. Pets hurt people
If you have no evidence to prove that the other party provoked the pet and bit him, then you should bear the medical expenses.
▶19. High-altitude parabolic
If an object is lost in a household upstairs and someone is injured, all high-rise buildings except the first floor may be sentenced to responsibility. Unless, you can prove that you were empty at the time.
▶20. Sports Injuries
Personal injury in competitive sports excludes the application of tort law unless it is a serious violation of the rules or intentional injury.
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