Answer:
Wang's request for his daughter and property can be realized, but his request for remarriage cannot be realized.
Reason: According to Article 32 of the Marriage Law, if one party is declared missing and the other party files a divorce lawsuit, divorce shall be granted. In this case, Li has been declared dead in accordance with legal procedures, which is in line with the provisions of this article.
According to Article 24 of the General Principles of the Civil Law, if a person who has been declared dead reappears or is convinced that he is not dead, the people's court shall revoke his declaration of death upon the application of himself or an interested party. In this case, Wang Can applied to the court to cancel the declaration of death, and then returned to her daughter.
Article 25 stipulates that the person whose death declaration has been revoked has the right to request the return of property. Citizens or organizations that have acquired his property in accordance with the law of inheritance shall return the original property; If the original does not exist, appropriate compensation shall be given. Therefore, Li is required to return the property or make compensation according to law.
Example 2: Li, 17 years old, is a temporary worker in the factory, earning a monthly income in 800 yuan. One day, Li gave a digital camera worth more than 2000 yuan to his friend Cheng without the consent of his parents. Shortly after, Li was declared incompetent for schizophrenia, and his parents sued the court accordingly, requesting the court to confirm that the camera given by Li and Cheng was invalid.
Is this gift effective? Why?
How should the court handle this case?
A: The court should not support Li's father's claim. According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 11 of the Civil Law of People's Republic of China (PRC), a citizen who is over 16 but under 18 is regarded as a person with full capacity for civil conduct. In this case, when the DVD player was bought and sold, Li was over 17 years old, and his labor income was his main source of livelihood. Therefore, he should be regarded as a person with full capacity for civil conduct, and can independently carry out civil juristic acts according to law without the consent of his parents. Therefore, the DVD sales contract between Li and Yu is a valid contract established according to law. As for Li's schizophrenia, becoming a person without civil capacity occurs after the conclusion of the sales contract and does not affect the validity of the contract. Therefore, the court refused to support Li's father's claim.
Exodus 3: He Xiaohong is a child star, over 9 years old, with a high income. He Erbai, the younger brother of his father Daming He, lives in a mountainous area and has a hard life. In the name of He Xiaohong, Daming He donated He Xiaohong's film salary of 3,000 yuan to He Erbai.
So is this civil act effective? Why?
A: This civil act is invalid. The General Principles of the Civil Law stipulates that the guardian shall not dispose of the property of the ward except for the benefit of the ward.
Example 4: On June 5438+ 10, 2006, Ms. Jiang bought quick-frozen dumplings at the Trust-Mart in Tianlin Road, this city. Because she took a few more plastic bags, Ms. Jiang had an argument with Xiao Zhang, the salesgirl at the quick-frozen counter, and was persuaded to open it. Ms. Jiang went on shopping and paid at the cashier. I didn't expect that. Xiao Zhang suddenly rushed forward to attack Ms. Jiang, who was taken to the hospital and diagnosed with a fracture of the right clavicle.
Requirements:
1. What compensation items can Ms. Jiang claim if she files a lawsuit?
Description of project name and basis and preliminary determination of compensation amount.
2. Who does Ms. Jiang need to sue? Shopping mall or Xiao Zhang? reason
Please introduce the connection and difference between contract dispute and tort dispute.
Analyze what kind of disputes are involved in this case and the reasons.
Answer:
1, medical expenses, related transportation and hospitalization expenses, nutrition expenses, nursing expenses and lost time expenses. If there is any disability, the disability expenses and disability AIDS expenses shall be compensated according to the disability level.
2. If you sue for infringement, you can list the mall as the defendant, and the infringement of the salesperson occurred in the course of performing his duties. Shopping malls should bear the responsibility of duty infringement.
3. This case can be considered as the coincidence of the two. It is an obvious infringement and a contract dispute in the process of consumer contract. Shopping malls have not fulfilled their obligation to ensure the safety of consumers in the process of consumption.
In practice, units and individuals are generally prosecuted. And now the court will generally sentence shopping malls and salespeople to share the responsibility.
There was a very similar case recently. * * * Enjoy:
The case of Beijing bus conductor strangling the girl came to an end: the court ruled that the bus owner and passengers were fully responsible, and together with the bus company, they compensated the family of the deceased for more than 550,000 yuan. Previously, the conductor had been sentenced to death with a suspended execution, and the family of the deceased claimed 3.37 million yuan.
(Reporter Fu Shasha) Recently, the civil claim part of the case of "a bus conductor strangled a girl" that caused widespread concern came to a conclusion. Haidian Court found that Han Mou, the driver of Bus No.726, and Wu Mou, another conductor, were also responsible for Xiaoyan's death. Therefore, Beijing Public Transport Co., Ltd. and conductor Zhu were sentenced to compensate Xiaoyan's parents for more than 550,000 yuan, including 6,543,800 yuan for mental damage.
June 5438+October 2005 10, Xiaoyan, aged 13, went to Xinjiekou with her parents to buy clothes, and then took bus No.726 to go home. On the way, she had an argument with the conductor Zhu because of a ticket dispute. Zhu grabbed her by the neck and fainted. In May last year, Zhu, the driver of the accident, was sentenced to death by the No.1 Intermediate People's Court of the city for committing intentional injury, with a two-year suspension. Half a year later, Xiaoyan's parents claimed a loss of more than 3.37 million yuan from Beijing Public Transport Co., Ltd. and three drivers in the company's car.
Xiaoyan's mother said that after the conflict between her daughter and Zhu, the driver Han stopped immediately, but did not stop Zhu's atrocities. Instead, she pushed Xiaoyan forward. Xiaoyan was foaming at the mouth after fainting. Although the old couple begged the driver and conductor to take their daughter to the hospital, they were refused. The driver also said that he would drag them to the main station for a fine. When they took their daughter to the hospital by taxi with the help of other passengers, they missed the best opportunity for treatment, and Xiaoyan died after being rescued.
During the trial, a witness from Liaoning confirmed Xiaoyan's mother's statement and said that the driver Han was still pulling the frame in the car and personally assaulted Xiaoyan. Their lawyers also apologized to Xiaoyan's parents in court, saying that the two drivers and passengers had only worked for one year and lacked experience in predicting and handling accidents.
After the trial, the court held that Zhu's direct infringement led to Xiaoyan's death, and other salespeople in the car failed to stop it in time and refused to help Xiaoyan to be sent to the hospital for treatment, which constituted * * * infringement on Xiaoyan. Because their behavior at that time was a duty behavior, the bus company should bear the corresponding responsibility.