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It should bear all the liability for compensation, and it should be compensated according to the depreciated **. Citizens must not harm the public interest or the lawful rights and interests of others, and where the rights and interests of others are harmed, compensation shall be made.
Legal analysis
Losing someone else's things infringes on the property rights of others. Property right refers to the right holder's right to directly control and exclusively over a specific thing in accordance with the law, or in other words, refers to the right of a natural person or legal person to directly dispose of immovable or movable property. Immovable property refers to land and land attachments such as buildings; Movable property refers to things other than immovable property.
The law is of greater significance in clarifying the ownership of things, giving full play to the utility of things, maintaining economic order, and promoting socialist modernization. Property right is the right of a civil subject to directly control a specific thing and enjoy its interests within the scope of the law, and to exclude the interference of others. The property rights of the state, collectives, private individuals and other rights holders are protected by law and may not be infringed upon by any unit or individual.
The type and content of property rights shall be prescribed by law. The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
The acquisition and exercise of property rights shall comply with the law, respect social morality, and must not harm the public interest or the lawful rights and interests of others. Infringement of property rights involves illegally occupying the property of others, illegally taking possession of property lawfully owned or occupied by others, or taking it for one's own, changing the state of possession of the property, and causing the right holder to lose his rights or possession. This kind of noLegal basisUnlawful possession of another person's property may be for the purpose of unlawful possession or for the purpose of unlawful acquisition of ownership.
Legal basis
Civil Code of the People's Republic of China
Article 238:Where property rights are infringed upon, causing harm to the rights holder, the rights holder may request compensation for damages in accordance with law, and may also request that other civil liabilities be borne in accordance with law.
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.
Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.
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Compensation according to the price. Property Law.
Article 37: Where property rights are infringed upon, causing damage to the right holder, the right holder may request compensation for damages, and may also request to bear other civil liabilities.
Article 244:Where the immovable property or movable property in possession is damaged or lost, and the owner of the immovable property or movable property requests compensation, the person in possession shall return the insurance money, compensation or compensation obtained as a result of the damage or loss to the right holder; If the damage of the right holder is not adequately compensated, the malicious possessor shall also compensate for the loss.
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1. If you lose someone else's things, you should be held responsible; 2. The liability shall be based on the actual value; 3. The owner shall prove the following things: a. the value of the property; b. length of use; c You lost it; 4. You can prove the following things to avoid your responsibility: a. You did not lose it; bThe goods are not worth so much; cYou were not present at the time; 5. Different types of property are subject to different depreciation algorithms, but you can refer to the depreciation calculation in the three guarantees of product liability to calculate the residual value of items; 6. It's useless to call the police, but if you have 2 certifications to prove that you were next to him at the time, and you told him, then you can not be held responsible.
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Of course, you should bear all the liability for compensation, but this thing should be compensated according to the depreciation **, not the new **, otherwise it will be unfair to you.
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Legal Analysis: Please negotiate with the parties to make corresponding compensation.
Legal basis: Civil Code of the People's Republic of China
Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship.
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Summary. Lost by someone else. The other party may be required to compensate the other party for equivalent compensation according to the value of the thing when it was given, and if the negotiation fails, it can be resolved by court litigation.
Lost by someone else. The other party may be required to compensate the other party for equivalent compensation according to the value of the thing when it was given, and if the negotiation fails, it can be resolved by court litigation.
I kindly lent it to the other party.
Legal basis: Article 1165 of the Civil Code: Where an actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability, and if the actor is presumed to be at fault, and if he cannot prove that he is not at fault, he shall bear tort liability.
But repaying the money is default.
Then the default is to negotiate the repayment period.
I didn't say a deadline, but when the other party asked for it, they deleted me.
I don't want to give it to you.
Right. That would require court litigation and legal procedures.
Is it okay if the amount is small 400
Yes. I'm just afraid that it wasn't the other party who forced me to give it to him, but I kindly lent it to him, and if he lost it, can he go through the legal process?
Yes, no problem.
He accepted it, but he had to bear it.
It's just that the amount is too small, and it can be negotiated or negotiated.
What can you do to him?
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Legal analysis: It depends on the specific situation of whether it is repaid or kept free of charge. According to the actual situation, if the custodian is kept free of charge, and there is intentional or gross negligence, the custodian may be required to bear the liability for compensation.
If the custodian is in custody for a fee, the custodian shall be liable for compensation.
Legal basis: Article 897 of the Civil Code of the People's Republic of China During the custody period, if the custodian causes damage or loss of the stored property due to the custodian's improper custody, the custodian shall bear the liability for compensation for the lack of baggage. However, if the gratuitous custodian proves that he or she is not intentionally or grossly negligent, he shall not be liable for compensation.
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1. "A person gives me something borrowed, and I lose it", and the ultimate responsibility lies with you.
2. The relationship between the three parties is: there is a relationship between the owner of the thing and the person who lends it to you, and there is a borrowing relationship between the person who lends it to you and you.
The owner of something can sue the person who lent you something under the law of obligations, but he cannot sue you on that basis because debts are relative. And the person who lent you something can sue you under the law of obligations. In addition, the owner of the thing can sue you or the person who lent you the thing under property law and demand compensation from you.
The person who lent you something can also sue you under the Special Property Law. But in any case, you are the one who bears the responsibility.
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The borrowing relationship is as follows: there is a borrowing relationship between the person who borrows the owner's things; The person who lent you something has a borrowing relationship between you. According to the legal presume, the owner himself is only liable for the loss of the property of the person who borrowed the other thing, and the person who lent the other thing to you must be held liable for the loss of your property.
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Lend to you, of course you have the obligation to keep it, if you lose it, of course you have to be responsible, how else do you need to divide it?
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Your friend is directly liable for compensation, and you, as a third party, are indirectly liable for your friend, and being stolen by a thief has nothing to do with your liability for compensation, and it will be handled as a public security case.
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You are ultimately responsible.
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If it is not illegal, but it violates your property rights, you can ask your friend to pay compensation, if your friend is not an adult, you can ask his parents to take responsibility, if your friend is an adult, you can only ask him to compensate. If compensation is not made, legal means can be adopted. But it's better to negotiate and communicate well, and it should be resolved, if your friend is not stupid.
There are multiple ways to achieve compensation, pay in installments, or you keep him with an item, and return it after the compensation is completed. Or two people can write an agreement, etc.
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When a friend lends you something and gives it to you, you are obliged to take good care of the item, and you are liable for the loss of the item due to your fault.
Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
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It is not illegal, and if the other party does not compensate, you can sue the other party for compensation.
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Those who damage or lose other people's belongings shall bear civil liability for compensation, and in the case of minors, their guardians shall bear civil liability for compensation. If the parties fail to reach an agreement, they can sue.
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It does not constitute unlawful possession.
"Illegal possession" in the Criminal Law refers to the exclusion of the possession of the right holder and the return of other people's property to one's own answer.
We dispose of the property and use and dispose of it in accordance with the purpose of the property.
Lost items are not what you are actively pursuing, and you cannot dispose of lost items, let alone use or dispose of them. For this reason, it does not count as illegal possession under criminal law.
However, in civil matters you have an obligation to compensate the lender for its losses.
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It depends on what it is, if he puts it on you, and the other party has instructions like that, you just want to accidentally lose it, and the compensation will definitely be compensated. If you don't instruct it, then you are in a land borrowing relationship, and the law depends on how you hand it over. It was you who took the initiative to borrow and lost, and if you didn't say it, you will pay for it.
Be careful in the future.
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If someone else loses something wrong, he shall be liable for compensation. Buy one to return or compensate at a discounted price.
If the thing is still there, and you deliberately do not return it, it constitutes illegal possession of other people's property.
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Accidental loss is not illegal encroachment, and compensation according to the price is.
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First of all, report the loss and negotiate with the owner for compensation. Consult with relevant experts.
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No, it's a consideration compensation.
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It's not clear, but it's liable.
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There are two ways: First, directly ** to the courier brother to let him come over Give him the thing to give him the address and the corresponding ** See what courier will give you a single number after that, OK. Second, go directly to the express point, and give him the area and weight to charge SF Express, he will give you a single Fill in the corresponding address and mobile phone number by yourself OK, there is still a single number for you to keep it for easy inquiry! ok