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After buying a super luxurious villa in her hometown a few years ago, Ms. Lin has been working and living in Hangzhou and has no time to go back to live. One day, Ms. Lin suddenly saw on a TV series called "Me and My Children" that her villa had become the home of the heroine in the play. Ms. Lin urgently went home to find that her villa had been rented to the crew by the property and was made a mess.
There is also such a clip in the movie "See You or Leave", Li Qing played by Xu Fan works as a maid in a family in the United States, and Liu Yuan played by Ge You came to her to discuss, saying that a friend's crew wanted to borrow this house to make a movie, only for one day and would not break things. Li Qing relented for a while and agreed. didn't think about it, the crew came, and it didn't matter if they borrowed it or not, smoking, littering, wiring indiscriminately, and the house was like they bought it themselves.
Not only did it leave a lot of indelible marks, but it also damaged a lot of furniture. It can be seen that if you don't lend the house to the crew, you will already be revealed to us audiences.
However, without discussion, the villa he hadn't lived in for a long time was actually lent to the crew by the property company for filming, and it was also messed up, making the house out of shape. I'm afraid this is unacceptable to anyone, although the homeowner has sued the property, but in addition to the property, does the crew also have to pay part of the responsibility?
The property management company "is not immune to blame, because he has signed a "key escrow agreement" with the owner. But how did the crew get in? If the property is leased privately, then there is no doubt that the property needs to pay full responsibility, after all, it is very likely that the crew is unaware.
But if the crew didn't get the keys through the property, it's not just the property that needs to be sued.
Is the property a tort or a breach of contract? The owner has ownership of the immovable property in his own name, so the property owner's unauthorized rental of the house violates the owner's ownership, so the owner can sue the property for infringement. However, it is also possible for the property to constitute a breach of contract.
Because the property and the landlord have signed a service contract, under the circumstances required by the contract, the property rents the house privately, which is obviously a breach of contract, and from this point of view, the property still has a breach of contract. Therefore, the owner can sue the property for breach of contract and infringement to protect his rights. Therefore, whether the crew is a victim or not depends on whether the crew rented the villa knowingly and whether there was unreasonable use of the house.
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The crew is also considered a victim, because the crew does not know that the villa has not been approved by the owner, and the film and television works will be taken off the shelves.
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I think the crew can't be identified as a victim, because the crew didn't check and verify the property ownership certificate and other certificates of the villa before filming, the villa is the private property of the owner, and it is natural for the owner to protect his private property, although he may not be able to lose so much money, but he should also pay the owner a fair, if the crew is deceived by the property and rents it out without knowing it, then the crew has also been harmed, and the person who rents it out is the real bad guy, and he infringes on the property and interests of others for his own selfish desires.
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Personally, I feel that the crew should also be the victim, because it is possible that when he was filming, he did not know that the villa was allowed to be filmed by the property without the consent of the owner, and it feels that the property should be mainly responsible.
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I don't think it can be counted, no matter what, you are stepping into private territory, you always have to communicate with the owner, even if it is through the property, you have to improve the process.
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According to the report, the crew always thought that the owner of the house was the property, and the property had full rights to deal with it, so they communicated directly with the property.
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Article 15 of the Tort Liability Law: The main ways to bear tort liability are: stopping the infringement, removing the obstruction, eliminating the danger, returning the property, restoring the original state, compensating for the loss, making a formal apology, eliminating the impact, and restoring the reputation.
The above methods of bearing tort liability may be applied separately or in combination.
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The property can be compensated with the rent collected, and the property should compensate for renting out the villa.
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If the property rents a house for filming for the crew without the permission of the owner, this practice is already illegal, and compensation should be made in accordance with the requirements of the law.
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The villa was encroached upon and the owner of the film claimed 3 million, and the property should be reasonably compensated in accordance with the regulations.
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The property should bear the main responsibility for this compensation, and there is no doubt that the property is the most at fault.
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There is a female protagonist who has a villa in her hometown. I haven't been back to this villa for nearly five years, and once in a TV series, I found that the actor in the TV series was sleeping in his own bed and covering his quilt, and using his own home to carry out various lives at home. Begin to wonder if it's your own house and feel like your own thing.
But I couldn't be sure, until I went back to confirm, and found that my house had been filmed by other crews as a filming base by many crews.
And the owner of the house himself, the head of the household, did not know. So after the villa was encroached upon, the drama was filmed, and the homeowner asked for compensation, and I don't think the ratings of the TV series will be directly affected, after all, we don't watch the TV series because of this house, but I think it will attract more attention because this house is someone else's house. But I think that in this kind of shooting without the owner's consent, the property is related.
Although I also feel unfortunate and sorry for the owner of this villa. But I think the main responsibility is not the ratings of the TV series, the performance of the TV series, but who actually rents out the house?
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There should be an impact. This kind of behavior is dishonest behavior, leads to wrong values, and there will be audience loss.
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No, it will arouse the curiosity of gossip netizens, and the crowd of people who eat melons may increase their ratings.
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The ratings of the TV series will be affected, and the homeowner has also asked to take down this TV series, and when this incident comes out, netizens will criticize the crew, and when it is broadcast, some people will not watch it because of this incident.
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I think that if the TV series is not taken off the shelves, the ratings may increase because of this, and it will also give the TV series a wave of publicity, and people will be curious to see how it happened to be at the woman's house.
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Now Ms. Lin found that her villa was badly damaged, and many valuables were also damaged. Therefore, although it is said that the film and television crew filmed in Ms. Lin's villa and damaged the items. However, there are no relevant legal documents between the crew and Ms. Lin, so even if it is not on the head of the crew, the crew will at most pay a small amount of compensation for the loss of their house.
However, the property management company responsible for the care of Ms. Lin's villa should be fully responsible. However, according to the investigation, because Ms. Lin's villa also changed property management companies halfway, and now the two property companies have shirked responsibility, but Ms. Lin does not know everything in between, so I think the biggest responsibility lies in the property itself that signed the contract with Ms. Lin.
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The property company that rents the house to the crew should be primarily responsible, and the property knows that it is a private residence, but still rents it out privately, but the crew may not know that the house has an owner.
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Personally, I feel that it is the property, and the owner handed over the key to the property in order to protect the house, but the property handed over the house to the TV series owner for filming and making profit without the consent of the owner, and should be mainly responsible.
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The developer was the biggest culprit because the developer didn't tell the crew that the villa had been **.
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The biggest culprit should be the property, because after all, the real estate handed over the key to the property, and the property allowed the film and drama company to come in and film.
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The keys are in the hands of the property, so the biggest culprit is the property staff and should be punished.
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For a hostess who can afford a villa, I believe that this price may be a drop in the bucket for others, and the reason why people do not accept the result of this sentence is because they feel that the court's decision is not very fair, and it is not just about money. It is even more because of the opposition to some of the points of view that the verdict was pronounced.
In my case, I would probably just accept the price and stop there. Because I'm just an ordinary person, 400,000 may be able to live a lifetime for me! But everyone's requirements are different, not to mention that we think from the perspective of others, people may pursue more than just money.
Let's take a look at the claims of the parties, the claims of the parties are about 3 million! Moreover, this claim must be a reasonable request, because they have also asked the lawyer, so they will make this claim. However, when the verdict was pronounced, it was dismissed.
Why was their request denied? The reasons given by the court are as follows. felt that the TV series producer did not violate their privacy, they felt that the room was a model room, and the information had been disclosed, so there was no such thing as privacy.
Another reason is that although they used their villa for filming, the various equipment in it has not changed, and of course it does not constitute infringement.
To sum up, some conditions were agreed, but some conditions were rejected, and 400,000 yuan was finally awarded to accompany them.
Money may not be the most important thing, but some of the court's arguments have been refuted by the parties' lawyers. Do they think that there is no right to privacy if information has been prevented from being used as a model house? Isn't your own house your own private property?
Therefore, the client's lawyer does not agree with this statement, and they will continue to appeal.
Some netizens feel that people are unrelenting, but I think they are pursuing their basic rights. If the information of the model house has been made public, it does not have the right to privacy, so is it possible for someone else to use their room? I don't think this argument is tenable.
If it were me, 400,000 yuan is already an astronomical amount, and I would probably accept it. But this does not mean that I do not support the owner to continue to appeal, because I think that the person is just taking back their legal rights and wants a reasonable explanation, I don't know what the effect will be in the second instance?
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I can't accept this**, I think this ** is a bit less, and the crew has occupied my villa to shoot a TV series for so long, more than 400,000 can't make up for my loss.
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Acceptable, the items in the room have not been destroyed, 400,000 is acceptable.
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I can't accept this compensation, the villa was illegally occupied to shoot, which violates my privacy, and I haven't lived in it, so I can't accept it.
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I can accept the price, and I think it is very appropriate, and it can also give the other party a certain warning and make up for it.
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I can't accept it, because a villa is more than 400,000. This compensation is still relatively small.
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Of course I can accept it. Because after all, his house was encroached upon, so this amount of compensation is very reasonable.
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If it's me, I can't accept this**, I can buy a villa, then it proves that I don't care about the 400,000 yuan. It's just that someone else has taken my house.
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Of course, the basis is that because the owner of the house was not told when shooting, he had to lose money.
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According to the "Provisions on the Standards for Filing Cases of Infringement of Citizens' Democratic Rights and Personal Rights and Dereliction of Duty Directly Accepted by the People's Procuratorate": Illegally and forcibly breaking into other people's homes, affecting the normal life and safety of others.
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The basis for the award was that the producer violated the owner's right to privacy, so he was finally sentenced to pay more than 400,000 yuan in compensation.
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Because the judge believes that the property company has provided certain assistance to the crew's infringement, it needs to bear the obligation and responsibility for compensation.
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The villa was encroached upon, and the homeowner claimed 3 million for filming.
A few days ago, the Cixi Municipal Court ruled in the first instance that the producers of the two dramas compensated Ms. Lin more than 40 yuan. The property management company provides assistance to the crew for infringement and shall be jointly and severally liable for the producer's compensation obligation. The court rejected Ms. Lin's claim for compensation of 2 million yuan for "invasion of privacy".
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The basis is that no one may trespass on the private property of another person for any reason.
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The basis is, of course, that they entered other people's houses to shoot without the owner's consent, and they also caused certain losses to other people's houses, so this is the basis.
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Of course, this behavior of the crew is very excessive, and the crew has the money to compensate, so whatThis is a matter of attitude quality, and in addition to making corresponding compensation, the crew should also sincerely apologize to others and meet the reasonable requirements of others.
Ms. Lin chose to take the three to courtShe demanded that the TV series be stopped, compensate for the corresponding losses and apologize to her。Ningbo Film and Television didn't know that Ms. Lin didn't know about it, and they also gave the property the corresponding moneyBut the crew damaged Ms. Lin's belongings is very wrong, even if the crew is willing to compensate for the money, this involves the quality and attitude of the crew, and the bigger problem is the property, in order to earn money, without Ms. Lin's consent, she used her villa without Ms. Lin's consent, and the property has violated Ms. Lin's privacy.
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