Those who will analyze the facts of the case and are familiar with the law can be added

Updated on educate 2024-02-09
8 answers
  1. Anonymous users2024-02-06

    The answer has been revised).

    A bypasses C and contracts directly and bears the liability for breach of contract against C.

    Under normal circumstances, A privately engraving B official seal to sign a contract is an act without the right to dispose of it. The validity of the contract is to be determined. However, because the customer is a bona fide third party, according to Article 106 of the Property Law, the house belongs to the customer after the formalities are completed, and B cannot deny the validity of the contract because A has no right to **.

    Why is it specifically stated in general?

    The analysis is as follows: if A presents the entrustment ** sales agreement of A and B to the customer, and there are sufficient conditions for the customer to be convinced that A is the only designated legal ** businessman, then the customer is in good faith and can obtain the ownership of the house in good faith. In this case, A returns the unjust enrichment to B.

    If the customer knows that C is the best businessman, even if A provides the contract on behalf of the customer for various reasons, it cannot be simply determined that the customer is bona fide. In this case, if B does not recognize, the contract does not come into effect.

    In fact, it is still the same sentence, the situation is not so complicated. Since B owes A up to 1 million in fees, in the absence of other restrictions, A can directly deduct 1 million and unilaterally terminate the entrustment agreement between the two parties.

    Of course, I don't understand, since B still owes A fees, why is A still so active in helping B sell the house, and also privately engraving B's official seal?

  2. Anonymous users2024-02-05

    1. A and B are entrustment relationships, and A and C are sub-entrustment relationships. The three parties recognize the relationship of 2**, and there is no problem;

    2. As the owner, B has the right to ** his own property. There is no problem for the client to acquire the property.

    3. B privately engraved seal, depending on the nature of the engraved seal. If there is a crime of forging the seal of an enterprise or institution in the criminal case, whether it is constituted will be discussed again;

    4. Based on the principle of relativity of contract, what ultimately arises is the liquidated damages between the two ** relationships.

  3. Anonymous users2024-02-04

    1. It is certain that a crime is constituted, and a series of acts in A have violated many crimes in the criminal law, and belong to the phenomenon of legal competition in the criminal law. robbing a second taxi first to catch up with the first taxi conceived of robbery; secondly, drunk driving causes serious injury to one person, which constitutes the crime of causing a traffic accident; Finally, driving while intoxicated on a road also constitutes the offence of endangering public safety by dangerous means.

    2. These crimes will not be judged at the same time, and the public security organs will only pursue them on one charge. This is the legal competition in the criminal law (if multiple crimes are committed at the same time, the most severe punishment will be pursued), and the circumstances of the case at the time will be taken into account of which crime the public security organs will approve the arrest.

    3. Judging from the information you provided, my personal opinion is that A does not have the purpose of robbing and possessing a taxi, and the crime of robbery should not be enough. Whether the crime of causing a traffic accident or the crime of endangering public safety by dangerous means is prosecuted in law, and it depends on which crime the public security organ pursues.

    4. Individuals tend to commit traffic accidents. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

    1) Where one person is killed or three people are seriously injured, and the person bears full or primary responsibility for the accident, the starting sentence is 1 to 2 years imprisonment.

    2) Where four people are seriously injured and bear full or primary responsibility for the accident, the starting sentence is between one year and six months to two years and six months imprisonment.

    3) Where three people are deceased and bear full or primary responsibility for the accident, the starting sentence is between one and two years imprisonment. For each additional number of deaths, the base sentence may be increased by three months to six months.

    4) Where direct damage to public property or other people's property is caused, primary or all responsibility for the accident is born, and the amount of compensation is 300,000 RMB (each region may determine the starting point for that region within the range of 300,000 to 600,000 RMB), the starting sentence is 6 months to 1 year imprisonment. Where the amount of incapacity for compensation increases, the sentence may be appropriately increased to determine the base sentence.

    5) Where one person is seriously injured, bears full or primary responsibility for the accident, and has any of the circumstances provided for in items (1) through (6) of paragraph 2 of article 2 of the "Interpretation", the starting sentence is 6 months to 1 year imprisonment. The sentence may be increased by three months for each additional circumstance provided for in subparagraphs (1) to (5) of paragraph 2 of Article 2 of the Interpretation; For each additional number of seriously injured persons, the base sentence may be increased by six months.

  4. Anonymous users2024-02-03

    The crime of picking quarrels and provoking troubles, and the crime of causing traffic accidents. It will be about 5 years depending on the plot.

  5. Anonymous users2024-02-02

    should be suspected of at least two crimes: picking quarrels and provoking troubles and endangering public safety by dangerous means. As for the length of the sentence, it depends on the intoxication procedure at the time, the specific circumstances at the time, the injury and consequences of D, the attitude of remorse, the redress of the consequences, and other factors.

  6. Anonymous users2024-02-01

    For the crime of causing a traffic accident, if the victim is compensated afterwards and the victim's forgiveness is obtained, and the attitude of admitting guilt and repentance is good, it can be up to one year. If there is a voluntary surrender, the punishment can also be reduced.

  7. Anonymous users2024-01-31

    The possibility of releasing is not large

    Although it is a crime, the state is cracking down on pickpocketing more and more Even if the stolen goods are transferred, but with the identification of witnesses and surveillance video, even if there is a zero confession, the verdict is stable

    Generally one to two years

    Deaf and dumb, your home?

    Boy, if you dare to eat this bowl of rice, you can't do it Tomorrow it will be your turn to go in and do you the crime of hiding and concealing illegal gains, and see if you cry or not

    Why do you have to go this way to make money?

  8. Anonymous users2024-01-30

    In any of the following circumstances, it may not be punished as a crime: l. Minors who have reached the age of 16 but are not yet 18 years old commit a crime; 2. Returning all stolen goods or making restitution; 3. Surrendering voluntarily or making meritorious contributions; 4. Being coerced to participate in theft activities, and not sharing the stolen goods or receiving less stolen goods; 5. Other circumstances are minor and the harm is not great.

    Sentencing standards for thefts where the amount stolen is relatively large and the statutory sentence is less than three years imprisonment: where the amount of theft is between 1,000 and 2,500 RMB, a sentence of controlled release, short-term detention, six months imprisonment, or a fine is to be given; where 2,500 RMB is but less than 4,000 RMB, a sentence of six months to one year imprisonment is to be given; where between 4,000 and 7,000 RMB is to be sentenced to 1 to 2 years imprisonment; where 7,000 yuan is but less than 10,000 yuan, a sentence of two to three years imprisonment is to be given.

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