Judicial examination of the civil procedure law classic case (1)

One, about the subject of civil rights cases and analysis method
1 citizens about the civil capacity of the case and the analysis method.
Features of this case is, behavior problems often and contracts, wills, injuring others together. For example: the citizens of a 17 years old, junior high school after graduation, worked in a shop, a monthly income of 600 yuan. A job for half a year, plans to spend 1200 yuan to buy a gold necklace for her. A parents about the incident, with a does not have full civil capacity, without their parents agreed to buy a necklace for, find shopping malls return requirements. Q: shopping malls have the right to refuse this request a parent?
Method: in such case analysis is based on understanding the case, correct identification of behavior ability of the parties, and determine the relationship between behavior of human behavior and behavior ability. The behavior of human legal representative shall have no responsibility, the other party has no fault, so as to determine the behavior is valid and which party shall bear civil liability. In this case, although belonging to a person with limited capacity for civil conduct from the age, but due to the age of 16 years old and above, the income can maintain normal life need, belong to "have a fixed income and the ability to live independently," according to the relevant legal provisions, which belongs to "be regarded as full capacity" people, shopping malls in the sale of no fault, therefore, the sale of legitimate, effective, parents have no right to demand a return, the mall has the right to refuse a parents return requirements.
The case and analysis methods of 2 citizens about the monitoring problem.
Common types of custody case are: Guardian of the scope and the guardianship qualification problem, guardian determined problem, guardian responsibility of several. For example: a 15 years old, is a people with dementia, one day, a father go out to work, hurry he forgot to take care of a trustee, the results a privately play lighter neighbor house after the fire burned. Q: loss of neighbor who should take responsibility for compensation?
Analysis of such cases is: according to the case, first of all to care the case in which a monitoring (is the care of mental patients or guardianship of minors), and who have the responsibility of guardianship law, to determine the civil liability of guardians and relevant parties. In custody cases, in general is a guardian to take responsibility Guardian actions, if the other party has fault, but also to undertake corresponding civil liability properly, if the damage is due to third people deliberately deceived, abetted by guardian caused by third people, should assume responsibility. If the guardian is in the commissioned units or individuals to accept management causes damage to others, unless otherwise agreed, by the guardian responsibility. The entrusted people (such as schools, kindergartens and other) have fault, joint liability. In the above case, because the other party has no fault, and no entrusted custody issues, a monitoring (a father) shall be liable for compensation to the neighbor's loss.
3 on the citizen's declarations of missing persons and cases and analysis methods of death.
The main problem of this kind of case involved the declarations of missing persons and death condition, the qualifications of the applicant, the scope and order, the time of application, revoke the declaration of the conditions and the effectiveness of the judgment. For example, a migrant citizens, no audio during a period of 5 years, a wife to a people's court declared a death application, the people's court in March 5, 1995 made a verdict of death declaration. In February 3, 1996, back to home to find his wife had remarried others, a to the people's court for revocation of the original sentence application, the people's court shall make a new judgment, revocation of the original sentence. A and the wife are willing to live together, ask: whether a with the original wife automatically restore the relationship between husband and wife?
Method for analysis of this case is: understand the case, with the relevant legal provisions to determine the answers to the questions involved in this case, in the exam are directly to the relevant laws and regulations, candidates in the analysis should pay attention to the law of Seki Jowen. In the above case, according to the interpretations of the Supreme People's court, automatic recovery and the wife is not a relationship between husband and wife.
4 on the individual partnership aspects of the case and the analysis method.
This case mainly relates to the problem is the partner qualification, condition and ability of occupation, withdrawal, the partners shall bear the debts of the partnership and the partnership earnings distribution. For example: A, B, C three people each invested 20000 yuan to set up a food store. In business because of a shortage of funds, the three decided to borrow money. B to find their friends Ding Xiangqi borrow money, Ding statement can, but his partner in the business and participate in the distribution of profits, ethylene, propylene agrees Ding requirements, a business trip, this situation did not know. A back after that represent different meaning Ding joined the partnership. Q: Ding occupation is effective?
Analysis of such cases in the analysis of the case: partnership, we must first find out, the distribution of the surplus of capital contribution of the parties, debt situation, there is no way in, withdrawal and so on, and then use the relevant provisions of the partnership in problem solving. In the case of occupation behavior because Ding agreed not made all the partners, and invalid. Analysis of partnership case should pay special attention to: partners is mutual agency, partnership debts of between the partners shall bear unlimited joint and several liability, each partner shall bear the partnership with all their property debt.
5 on the legal aspects of the case and the analysis method.
Legal aspects of the case are mainly as follows: the relevant social organizations or groups have no legal qualification; the relationship between the legal representative or the agent and legal issues; legal rights ability, behavior problems; problems related to corporate division, the rights and obligations of corporate merger and affiliation. For example, the citizen Chen is universal trading company's business section. 1992 June because of his personal debt in urgent need of money, find Lv Guodong, said to be due to the company's business needs to borrow 50000 yuan, Lv Guodong agreed to loan guarantees, but asked chen. Chen to find their own primary school classmate Wang, said to be the result of Universal Trading Company of a business is very urgent, because of lack of money to the Lv Guodong temporary borrowed 50000 yuan, in July to repay, request for loan guarantee wang. Wang is the famous local self-employed, abundant funds, Lv Guodong see Wang is the guarantor, and agreed to loan. Lv Guodong was signed 50000 yuan Chen, loan contract, the borrower column, Chen to fill a universal trading company, and signed his name, not to cover the company's official seal. In that column, Wang also signed his name. Chen got money, that is used to repay its debt. The borrowing period, Chen to repay loans, Lv Guodong request the guarantor to Wang repayment, Wang Mou think of themselves as the guarantee for fraud, refused to pay. Q: in the loan contract, Chen is the legal representative qualification? Loan contract effective? Who should bear the responsibility?
Methods: in answer to the legal aspects of the case, the case in question, combined with the legal conditions, legal person to its legal representatives and other staff of the business activities, as a legal person shall bear civil liability, and when it's rights and obligations by the change after the legal person, legal person shall not be enjoyed and assumed beyond the scope of their activities, joint venture corporation's debts and other relevant laws and regulations to answer. In the above case, Chen's behavior belongs to individual behavior, not the legal representative, in accordance with the relevant provisions of this law, not responsible person.
Two, about the civil legal acts and aspects of the case and the analysis method
1 on the civil legal case and analysis method.
Such cases around the behavior is in accordance with the civil legal act effective conditions, civil acts invalid or revocable conditions, can change the conditions of invalid civil behavior, treatment and other aspects of the problem, sometimes is partially effective, conditional civil juristic acts such as a case. Such cases often occur in three ways: ① contract cases; ② testamentary succession and legacy case; the concept of civil legal acts directly on the problem of case. Sometimes with the contract or will, right away, the ratification of unauthorized agency combined set. For example, a and B two people living in the parents, the parents signed a division of property agreement in advance, and agreed that the agreement entered into force in both parents died. Q: what is the nature of the agreement? What about the effect?
Method: a general idea is: effective condition the behavior is in accordance with the civil legal act? If it is a civil legal act, the legal Is it right? Has been set up, if it is a civil juristic act subject to conditions or time limits, the conditions and the deadline is legal, can not be achieved, whether has been achieved? And then analysis the legal behavior has not been effective? If it is a civil legal act came into effect, the dispute parties have no fault? If it is invalid civil behavior, should consider what kind of invalid civil behavior, or even a revocable civil act is invalid or partially invalid, all? Invalid due to the fault of one party or both sides of the fault based on? Then according to the relevant provisions of law, combining with the fault information of the parties concerned to determine the civil liability related. Civil behavior in the case is due to violation of the laws and social ethics, which belongs to the invalid civil behavior.