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Zhang Ye painted,http://xszhb.com/home.php?mod=space&uid=39811
Jo, 61, Zhangjiagang City, a township enterprise retirees, living alone in urban areas within a set of 60 square meters of houses seven years ago after a divorce with his wife, also considered a peaceful life. However, since the end of last year to get to know Mr. Hong foot woman,http://puyoubbs.com/home.php?mod=spacecp&ac=blog&blogid=, his later life Dayton turmoil. & Nbsp; & nbsp; & nbsp; & nbsp;
Fall in love with the elderly female foot
Sellers bought her car
October 2011, a foot shop in the city Jo met 26-year-old Mr. Hong, lonely he was soon attracted the gentle beauty of Mr. Hong, the two sides soon began to date and cohabitation. In April 2012, after basking in the gentle Jo will sell only their own cabin, as Mr. Hong to buy a Mercedes-Benz C200 sedan, and has spent 38,000 yuan to pay the taxes, insurance and packaging. The vehicle is registered as Mr. Hong Jo all, from watching the car, negotiate, contract, payment, put the car on the card and so the whole process, Jo were together and hung a handle. Under the Mercedes-Benz 4S shop when the payer is inconsistent with car buyers must submit on behalf of the proof of payment. Therefore, the requirements Jo 4S shop filled with "proof of payment on behalf of" A,air max outlet,http://taook.yeyou.eu/forum.php?mod=viewthread&tid=187122, main contents are: Jo replace Mr. Hong payment for the Mercedes-Benz C200 sedan, to pay 369,000 yuan cars,chaussure nike tn pas cher, economic and legal liabilities arising from the CAO a bear. Both sides joyfully drove back to Zhangjiagang.
Jo did not think so is the car just over a week, that is driving the car to leave Zhangjiagang Mr. Hong and proposed breaking up with Jo. Jo is very alarmed, to the public security police. Mr. Hong Press said the two sides are lovers break up, the car is a voluntary donation. The two sides can not resolve the dispute.
Jo despair, to Zhangjiagang legal aid centers for help. Legal Aid lawyer Zhang Junying agent of the case. May 2012, Mr. Zhang official agent Jo prosecution to Municipal Court. To reduce the loss Jo,http://zc676.com/forum.php?mod=viewthread&tid=71575, for a full refund, a lawyer first requested the return of 369,000 yuan hung a complaint borrowings. After the actual situation, change the lawsuit request to return the vehicle Mr. Hong.
First instance verdict
The car lover, the elderly compensation 50000
The trial, Zhang counsel alleges that in March 2012, Mr. Hong deceive Jo willingness to live together and get married, want to buy a car for future use after living together to start a company, Jo expect someone to accompany old age on the face value, then sell the car , although the car is registered in the name of Mr. Hong, but Jo is really financing, the actual ownership is still Jo, Jo has no intention to gift the car, Mr. Hong,http://www.88822.com/#03666/read.php?tid=980,timberland uomo, Mr. Hong and Jo unless married and accompany old age. Even the gift, is also attached conditions to get married, because conditions are minors,http://www.52shouyou.com/bbs/forum.php?mod=viewthread&tid=262936, so I do not produce legal effects gift. Jo does not respond to compensate Mr. Hong.
Mr. Hong argued, Jo voluntary donation initiative, legitimate and effective, not to marry for the conditions. The two sides are not married, nor is it love, is nurturing the relationship, does not agree to return.
After much trial and intense debate, the Court of First Instance basically support the claims of Jo. The court held that Jo and Mr. Hong Department of relationship, in general, love for the gift of a huge process of subsistence, is based on the future marriage, living together was carried on. Mr. Hong, Mr. Hong donated vehicle registered in the name of the Department of one kind of gift behavior with dissolving conditions, if the parties live together and marriage relationship, Jo gift of property to achieve the purpose of the gift behavior to maintain the original effect, the car owned by Mr. Hong; If the parties fail to continue to live together in love and to conclude the marriage, the loss of legal effect behavioral gift, gift restored to its original state. Therefore, the request for the return of Jo requirements hung a car, be supported.
But during Jo,louboutin scarpe, Mr. Hong subsisting relationship to take into account the fact that the parties live together, and Jo stand to let Mr. Hong, Mr. Hong shop work,http://www.yymmw.cn/forum.php?mod=viewthread&tid=1936724, Mr. Hong is indeed the fact that the original work unit have left other factors, according to the principle of equity,air max 90 pas cher, in Mr. Hong returned to Jo sedan, the Court should be given discretion to determine Jo hung a 50,000 yuan compensation.
Upheld
Elderly No Compensation
Zhang lawyers believe that the judgment, although generally supported the return of the vehicle Jo request, but the decision is wrong with another 50,000 yuan to compensate Mr. Hong, no legal basis, and the agent Jo filed an appeal.
Suzhou Intermediate People's Court and after careful hearing and the parties debate, Suzhou Intermediate People's Court in April 2013 ruled that the verdict hung a reason to return the car in the correct and sufficient evidence, should be maintained. But nurturing relationship is a contrary amour socialist morality and contrary to the principles of public order and morals, without legal protection. Mr. Hong is the full capacity of the people,http://115.29.240.134/bbs/home.php?mod=space&uid=41793&do=blog&quickforward=1&id=4051058, should be able to choose whether to work on their own will and what sort of work. Mr. Hong is in the original unit continue to work with whether to accept a causal relationship between the vehicle has no legal gift, unmarried cohabitation Jo and Mr. Hong is also protected by law, does not constitute a reason to compensate one party alone, it Jo trial ordered compensation 50,000 yuan hung a lack of legal basis, it should be revoked.
Since then the case into the execution of the program, only to send Suggest Jo Benz cars have been returned, Jo no financial compensation for Mr. Hong, the two sides dispute have been settled. & Nbsp; & nbsp; & nbsp; & nbsp;
Zhang Sixuan & nbsp; & nbsp; Peng Hao |
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發表於 2015-7-15 22:22:15
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