A case on civil law was needed.

Li has been missing for many years, and his wife Liu has a difficult life and wants to marry Wang, so she filed a lawsuit with the People's Court of County A, only requesting that the people's court make a judgment to dissolve the marriage. On September 30, 2009, the B Dispatch Court of the People's Court of County A accepted the case and applied the summary procedure to try the case. During the trial, Zhao went home and found that his wife had a new love and wanted a divorce.

During the trial, Liu proposed to divide the property acquired by Zhao during his disappearance. After trial, the people's court made a judgment on the spot, allowing Liu and Zhao to divorce, but did not divide the property acquired by Zhao during his disappearance. On January 10, 2010, the court served the judgment on both parties, and the judgment was affixed with the seal of the people's court.

During the appeal period, Liu filed an appeal.

Can the people's court apply the summary procedure to hear this case?

What are the aspects of the summary procedure in this case that are inconsistent with the provisions of the law?

How should the people's court handle Liu's litigation request for the division of property acquired during Zhao's disappearance during the litigation period?

How should the people's court of second instance handle this case?

Assuming that the case is remanded for retrial, can the summary procedure be applied?

This book is a supporting case teaching book for the "21st Century Curriculum Textbook" of the Ministry of Education and the "Eleventh Five-Year Plan" National Planning Textbook for General Higher Education - "Civil Law" (published by Higher Education Press, edited by Professor Guo Mingrui). The book selects 40 typical cases from the civil cases that have been concluded by courts across the country for analysis, and each case analysis is divided into four parts: basic case facts, court rulings, legal theory analysis, and self-test cases. Among them, the legal theory analysis part theoretically analyzes the basic civil law issues involved in the case, and analyzes the gains and losses of the court's judgment.

The self-test cases mainly focus on the civil law issues involved in the legal theory analysis, and put forward questions in the form of examples for students to think about and practice.

Table of Contents: Chapter I: General Treatise on Civil Law.

Case 1: Abuse of Rights Dispute.

Case 2: A dispute over the civil capacity of a plant.

Case 3 Apparently ** Dispute Case.

Case 4: Dispute over statute of limitations.

Chapter II: Property Rights.

Case 5: Ownership dispute.

Case 6: Distinguish between all types of building space use disputes.

Case 7: Neighboring Relationship Dispute.

Case 8: Dispute over the acquisition of the statute of limitations.

Case 9: Dispute over the transfer of the right to use construction land.

Case 10: Dispute over compensation for expropriation of contracted land.

Case 11: Dispute over the right to use a homestead.

Case 12: Mortgage dispute.

Case 13 Dispute over the highest mortgage right.

Effective. Because he is over 16 years old, and he is already earning money independently, he can do what he wants. Incapacity is after the purchase of the TV, so the act can be considered valid.

D and E shall return to A the property inherited from C and C inherited from A.

According to Article 25 of the General Principles of the Civil Law, one of the legal consequences of revoking a declaration of death is the return of property acquired by inheritance or appropriate compensation. Testamentary succession is not mentioned in this question, so it is handled according to the rules of statutory succession. When A is declared dead, B, C, and D are all legally entitled to inherit A's estate, each receiving 1 3.

When B dies, D subrogates A to inherit the property, and this share of the property should have belonged to A. C and E died after remarriage, and D and E divided C's estate, part of which included C's inheritance from A. Therefore, C obtains A's estate when A declares his death, and this part of the estate becomes C's personal legal property, and becomes C's estate and is inherited by D and E when C is killed in a car accident, so when A is revoked of the death declaration, D and E should return this part of the property.

Entitled to the property of D subrogation, D and C to inherit the fake property.

1. A and B form a loan relationship, and later when B returns the arrears, A expresses his intention to say it later, and accordingly, it cannot be considered that A has the intention of donating, so the loan relationship between A and B has not been changed to a gift relationship.

2. B believes that the lawsuit has expired and is exercising the right of defense. However, since the parties have not expressly agreed on the repayment date, but have just filed a request for repayment of the arrears, the statute of limitations has not expired, and A has the right to demand B to return the arrears.

If we want to determine where the responsibility lies for something, we must understand its cause and process, and only by understanding the cause and process can we confirm the responsibility. In the present case, the damage was caused by the power outage, and the link between the power outage and the damage should be examined to determine the attribution of liability. Generally speaking, power outages are divided into normal power outages and abnormal power outages, normal power outages refer to the temporary suspension of power supply due to line maintenance, maintenance, etc., and the power management department will inform users in a certain way that if the damage consequences occur in this case, the responsibility naturally cannot be attributed to the power plant or property, which is caused by the user's own failure to perform his duties, and the user should bear the loss; Abnormal power outage, refers to the power outage is not notified in advance, prepared, it is divided into two situations, man-made and natural factors, human factors are divided into fault and no fault, as the name suggests, the fault cause of the power outage to the user loss, the owner or manager should bear the obligation to compensate, the reasons for no fault can not be exhaustive, but to give a list, such as a building fire, in order to save the property in the building and the lives of the people temporarily decided to limit the power to pull the switch, resulting in the community with the power outage, this situation from a legal point of view belongs to emergency avoidance, Liability for losses caused thereby shall be exempted in accordance with the law; Natural factors talk more about force majeure, power outages caused by force majeure, but also exempt from liability, such as typhoons, **, etc., this is easy to understand, there is no controversy, the problem is that some situations seem to be caused by natural factors, but in fact should be classified as the fault type of human factors, such as the aging of the line, which eventually leads to power outages, this situation seems to be caused by natural causes at first glance, and its essence should be attributed to human factors, which is caused by the negligence of the owner or manager of the wire to perform maintenance and repair duties. Then the loss should naturally be borne by them.

There are many causes in the world, it is impossible to enumerate here, in short, there must be a cause and effect, and finding out the causal relationship can determine the place of responsibility, in order to determine the attribution of liability.

First of all, this is a civil tort case.

Therefore, the basic principle adopted in infringement cases is that whoever infringes shall pay compensation.

Again, to see who accompanies you, you must first find out who is out of the power, whether you have been notified in advance, and what is the reason for the power outage?

1. If due to reasonable reasons such as maintenance, and the electric power bureau and the community are informed in advance, the losses caused shall be borne by themselves.

2. If the power bureau and the community know that the power will be cut off and take the initiative to cut off the power without notifying, the subject who fails to notify shall be liable.

3. If it is the impact of bad weather such as windy weather that is too late to notify or for public safety, it is a force majeure or emergency avoidance situation, and you shall bear your own responsibility.

4. If someone deliberately destroys the power grid facilities, the vandal will compensate for the power outage.

Of course, what I have listed is only a very typical situation, which may be more complicated in practice, but it is still judged by the above principles and the existence of exemptions, and the fault is liable. The head of the Beacon lawyer group will answer your questions, and if it helps you, I hope to adopt it.

First, you need to distinguish whether it is the responsibility of the community or the property.

Second. You have to figure out the reason for the power outage, if the power outage is due to force majeure, the person is not responsible; If it is for other reasons, then see if there is advance notice, if you notify in advance, you may not be able to compensate, this is the status quo. If there is no advance notice, it is possible to make a claim.

It depends on what the situation is, if it is caused by aging lines or surrounding fires and other accidents, the law will not support it.

Do you still have invoices for buying fish and fish food? It depends on whether the outage was caused by a natural disaster or by the power company itself.

It is a consignment contract.

The plaintiff commissioned the defendant to paint, but the defendant transferred the commission without authorization and let the apprentice replace it, and there was a big gap between the works and the works.

If the entrustment contract is transferred without authorization, then the defendant and the apprentice shall be jointly and severally liable (refer to the entrustment contract part of the Contract Law).

Rotate the commission, let the apprentice replace, the work and the gap is very large.

(1) Is it correct for the manager to claim that the contract is invalid?

The contract in question in this case was voidable. The timber company takes advantage of the opportunity of the import and export company to urgently need timber to sell timber at **, which is a obviously unfair contract and a voidable contract. It was incorrect for the manager to argue that the contract was invalid.

2) Can a wood products import and export company request to rescind the contract?

The import/export company cannot request rescission of the contract. Article 55 of the Contract Law stipulates that: "The right of revocation shall be extinguished under any of the following circumstances:

1) The party with the right of revocation has not exercised the right of revocation within one year from the date on which the party with the right of revocation knew or should have known the reasons for revocation. "In this case, the import and export company has not requested revocation for a year and a half after becoming aware of the matter, and its right of revocation has been extinguished.

3) If the wood products import and export company requests to change the content of the contract, can the judicial authority revoke the contract?

Article 54 of the Contract Law stipulates that: "Where a party requests a modification, the people's court or arbitration institution shall not revoke it." Therefore, the receiving authority cannot revoke the contract.

4) If the rare timber subject matter of the contract in this case is a national protected species and felling is strictly prohibited, is this contract valid?

In the case that the subject matter of the contract is the national prohibition on the felling of tree species, the contract violates the mandatory provisions of national laws and regulations, and is therefore invalid.

5) In the case of (4), how should this case be handled?

In the case of (4), the timber that is the subject of the contract and the corresponding price shall be confiscated and returned to the State.