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Chapter 326 Disputes over Illegal Construction Sales Contracts (4)

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    ?

    Then I met the middle-aged lawyer who invigilated the exam that day¡ª¡ªHua Heng, one of the founders of Huatian Law Firm and the current director of Huatian Law Firm.

    The "Hua" that Huatian refers to is Huaheng.

    Liu Min was stunned for a moment, wondering what the hell was going on.

    Liu Min never dreamed that the mediocre middle-aged uncle who had been dealing with him for two days was actually the "leader of martial arts".  Liu Min just wanted to cover his eyes and smile wryly, he really has eyes but doesn't know Mount Tai!

    "Liu Min, come." Hua Heng recruited Liu Min.

    "Did you finish the exam?" Hua Heng asked Liu Min with a smile.

    Liu Min was nervous and at a loss, and nodded in a cloud.

    "Is it difficult?" Hua Tian asked again.

    Liu Min was a little embarrassed, but decided to tell the truth: "I think it's quite difficult."

    Perhaps it is indeed because of my limited ability, otherwise, why did others hand in the paper so quickly, but I did it for a day before I barely handed in the paper.

    Liu Min thought that he had no chance with Hua Tiansuo.

    Unexpectedly, Hua Tian laughed and said, "It's quite difficult. Let me do it, and I have to do it for so long."

    "Ah" Liu Min opened his mouth enough to stuff an egg into it.

    Hua Tian nodded and said: "This case looks very simple, and the legal relationship is also very clear, so some people finish it in half an hour or an hour; in fact, this case is very complicated, and the legal relationship is intricate.  It takes a lot of work to figure it out.¡±

    "I read your paper, and the answer is not perfect." Hua Tian said.

    Liu Min: ""

    "However, being able to write such an answer in such a short period of time is already pretty good; the most important thing is that you are very serious, calm and calm, which is really commendable." Hua Tian said.

    Liu Min: ""

    What kind of routine is this to slap and give a sweet date? Liu Min thought about it, only to hear Hua Tian say: "You have been admitted, come to work in the institute next week."

    Liu Min: ""

    ? Sluggish three-hit combo.

    Hua Tian looked at Liu Min with a smile, everything is no match for the word "serious", Hua Tian is very satisfied with Liu Min's seriousness.

    ? Then Liu Min became Huatian's assistant and student, and gradually there was Lawyer Liu Min who is now at the top of the pyramid in Huaihai's legal circle.

    Liu Min appreciates Wu You because of Wu You's seriousness; Wu You appreciates Lin Ziyao and Li Yike because they are also serious and even serious.

    The three of them discussed Peng Cheng's case enthusiastically in the conference room.

    Lin Ziyao said softly to Li Yike: "You are a top student, you should speak first."

    Li Yike glanced at Lin Ziyao, and said lightly: "You are old, you should talk first."

    Lin Ziyao was speechless while holding his forehead. Li Yike's poisonous nature was always revealed inadvertently.

    Wu You found it interesting to watch Lin Ziyao and Li Yike fight each other.

    Lin Ziyao said: "I think the first key point of this case is whether our country has established the principle of distinguishing between creditor's rights and real rights."

    Following Lin Ziyao's words, Wu You wrote down the words "principle of distinction" on the whiteboard in the conference room.

    Different legislative attitudes have been adopted on whether to distinguish between creditor's rights and real rights, and different understandings of the relationship between the establishment and effectiveness of creditor's rights changes and real right changes, and further regulations on the relationship between the causes and results of real right changes are quite different  .

    Countries in the world have different legislations on the principle of distinction. For countries with civil law systems, France, Austria, and Germany have different regulations on the principle of distinction.

    The French Civil Code does not distinguish between property rights and obligatory rights, nor does it distinguish the legal basis for changes in real rights and obligatory rights. Its theory comes from the principle of "contracts must be strictly observed".  According to the provisions of the French Civil Code, the change of property rights depends entirely on the expression of intention of both parties to the contract. As long as the concluded contract is established and takes effect, the legal result of the change of property rights will naturally occur.  Article 1538 of the "French Civil Code" stipulates: "When the parties agree on the subject matter and its price, even if the subject matter has not been delivered and the price has not been paid, the sales contract is established, and the ownership of the subject matter is legally determined by the seller.  transfer from person to buyer".  From the above legal provisions, it is not difficult to see that in French civil law, the contract can simultaneously produce the effect of creditor's rights and the acquisition of property rights, and one contract can solve all problems.

    The real right change mode of the Austrian civil law is called "creditor's right formalism", also known as "publicity requirement doctrine".  This agreement shall be publicized in a legal manner, and only then will the property rights be issued.Changes in legal effect.

    German Civil Law distinguishes a transaction into a change in creditor's rights and a change in property rights, and the basis for the two changes in rights is different.  In other words, the German Civil Code divides the "sales contract" into two, a creditor's right act (burden act) and a real right act (disposition act).

    The principle of distinction has practical significance: First, whether the act of real right can be performed does not affect the establishment of the act of obligatory rights.  The establishment and effectiveness of a creditor's rights contract depends on its compliance with the requirements for the establishment and effectiveness of a contract stipulated in the Obligation Law; and whether the change in real rights can be achieved does not affect the validity of the creditor's rights contract.  Second, the establishment and entry into force of a creditor's right relationship can only produce effects in the law of obligation, and does not necessarily lead to the result of a change in real rights. To change real rights, there must be an agreement to change real rights in the form of registration or delivery.  If the contract is established and becomes effective without publicity of property rights, the parties to the contract can only obtain the right of claim in the obligatory law, but not the right to control the property.

    In addition, according to the different reasons for the change of real rights, the achievement conditions for the change of real rights are also different.  One is the change of property rights not caused by legal acts.  Changes in property rights not caused by legal acts refer to changes in property rights based on events or factual actions other than legal acts, which can be directly effective without registration or delivery; these events or factual actions will have the effect of property rights changes  , must rely on other conditions set by the law for the change of property rights; taking inheritance as an example, two conditions must be met at the same time for the heir to inherit the property of the decedent: one is the death of the decedent, and the other is that the law confirms the relationship with the decedent.  Inheritance rights of persons who are related by a certain degree of kinship.  Therefore, the change of property rights not caused by legal acts can be simply summarized as: event facts + statutory elements = change of property rights.  The second is the change of property rights caused by legal acts.  The change of property rights caused by a legal act means that the legal act intends to have a certain effect of the change of property rights.  However, the creditor¡¯s rights are accomplished, and the property rights do not necessarily change. To change the property rights, there must be an agreement to change the property rights in the form of registration or delivery.  Therefore, the change of property rights caused by legal acts can be simply summarized as: "Creditor's right behavior + agreement on the change of property rights in the form of registration or delivery = change of property rights." (Remember the website website: www.hlnovel.com
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