Ask for help Analyze and discuss a civil law case question

First of all, according to Article 11 of the General Principles of the Civil Law, citizens over the age of 16 but under the age of 18 who rely on their own labor income as their main livelihood are regarded as persons with full capacity for civil conduct. In addition, according to Article 2 of the "Opinions of the People's Republic of China", citizens over the age of 16 but under the age of 18, who can obtain income from their own labor and can maintain the general living standard of the local people, may be recognized as persons with full capacity for civil conduct who rely on their own labor income as their main livelihood. In this case, Xiao A is a mentally normal citizen over the age of 16 but under the age of 18, who obtains a monthly income of 500-600 yuan through his own labor, reaching the average local income level, so he should be deemed to have civil capacity in accordance with Article 11 of the General Principles of the Civil Law and Article 2 of the Opinions of the People's Republic of China.

Therefore, the defendant has the civil capacity to enter into a contract, and the contract is valid.

Secondly, according to Article 4 of the General Principles of the Civil Law, civil activities shall follow the principles of voluntariness, fairness, equivalent compensation, and good faith. Good faith is an imperial clause of the civil law, and Xiao A's behavior violates the principle of good faith, so he should bear full civil liability corresponding to the breach of contract.

Thirdly, in this case, the plaintiff did not have the responsibility to ascertain in advance whether the defendant had full capacity for civil conduct in commercial activities, because in practice it was difficult to distinguish between the defendant's age and whether he had the ability to obtain the general income level of the local people through his own labor. If the defendant's legal liability is denied on the ground that the defendant's reckless spending of money can prove that he is of unsound mind, it will lead to the lack of stable legal protection for similar commercial transactions and hinder the development of business.

To sum up, the author believes that the contract is valid, and Xiao A should bear the liability for breach of contract.

According to Article 11 of the General Principles of the Civil Law, a citizen over the age of 18 is an adult with full capacity for civil conduct, can independently carry out civil activities, and is a person with full capacity for civil conduct. Citizens over the age of 16 but under the age of 18 who rely on their own labor income as their main livelihood shall be regarded as persons with full capacity for civil conduct.

Obviously, the 17-year-old age of Li in the case just meets the category of "citizens over the age of 16 and under the age of 18", and Li dropped out of school to work at the age of 13, which can be regarded as relying on his own labor income as a living ** It should be regarded as a person with full civil capacity!

Moreover, the plaintiff's lawyer also said that he had checked the relevant judicial interpretations, so Li should be recognized as a "person with full civil capacity", then this contract is valid, and Li's behavior is a breach of contract, and he should bear relevant legal responsibility.

In this case, although Li's salary income when he was 16 years old had reached the local average income level, Li's monthly consumption still relied on his family, and his salary was not his main livelihood, so he could not be regarded as a person with full civil capacity, so Li was not liable for breach of contract, and the contract was invalid

Personally, I think so, hehe

I think the contract is valid. Article 2 of the Opinions says that citizens who have reached the age of 16 but are under the age of 18 can meet the average living standard of the local people with their own income and are regarded as persons with full capacity for conduct. Mr. Li is over the age of 16 and his salary has reached the average local income level, so he should be regarded as a person with full capacity for conduct.

The contract signed by him is valid, and Li should bear the liability for breach of contract.

1. A can find B or C to bear the responsibility, because the relationship between A and B is a trust relationship, so B should reasonably dispose of A's property, but B has committed fraud in the processing, so it should bear the liability for breach of contract.

Because C is in bad faith, the act of buying and selling is not established, and A can claim against C to return the computer 2 because B has no right to ** and is a civil act that can be modified, and the act is only valid if it is confirmed by A, so A has the right to deny the civil act during the exclusion period.

1. According to the provisions of the Privileges Law, Zhang obtained the property in good faith, and after the transfer registration was completed, Zhang had already obtained the ownership of the house, and Zhang had no obligation to return it.

2. The construction company only invited the cement plants A, B and C to make an offer, not an offer, so it did not need to bear the liability for breach of contract to companies B and C.

3. B shall be liable for compensation. Because B negotiated in bad faith under the pretext of purchase, he should bear the liability for negligence in contracting and compensate for losses.

4. Wang Dong's behavior is valid, and the composition is superficial. The contract is valid.

Law, also known as legal science, is a science that takes law, legal phenomena and their regularity as the research content, it is a specialized study that studies law-related issues, and is a knowledge and theoretical system about legal issues.

Jurisprudence is the science of law. As a mandatory norm of society, the direct purpose of law is to maintain social order and achieve social justice through the construction and maintenance of order. As the study of law, the core of jurisprudence lies in the study of order and justice, and it is the study of order and justice.

Law is a major category commonly offered by colleges and universities around the world, and it is also one of the ten major discipline systems of Chinese universities, including four main components: law, political science, public security, and sociology.

In China, the idea of law originated from the Legalist philosophical thought of the Spring and Autumn Period and the Warring States Period, and the law was called "the study of criminal names" in the pre-Qin period of China, and from the Han Dynasty it had the name of "law science". In the West, the ancient Roman jurist ulpianus defined the term "jurisprudence" (jurisprudentia in ancient Latin) as: the concept of the affairs of man and God, the science of justice and injustice.