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1) The loss shall be borne by A, and although B has caused the loss of A's property, it is a force majeure, and according to the provisions of the Contract Law, the general exemption is force majeure.
2) According to the contract signed by both parties, A retains the ownership of the 5 cattle until B pays off the cattle to A, and the agreement is legal and valid. Calves are the natural "fruits" of 5 cows.
3) A bears the responsibility, and A is the owner. After A actually fulfills the liability for compensation, it can claim compensation from B according to the provisions of the contract.
4) The contract does not take effect before it is recognized by the right holder A or the cattle payment is paid. According to Article 51 of the Contract Law, if a person without the right of disposition disposes of the property of another person, and the right of disposition is obtained after the right holder recognizes it or the person without the right of disposition enters into a contract, the contract shall be valid.
5) No, although Ding did not know that A retained the ownership of the cow, but did not pay the consideration, **only 1 4 of the normal**, which is obviously unreasonable and is obtained in bad faith.
6) Effective, constituting a superficial appearance, E is a bona fide counterpart. According to Article 49 of the Contract Law, if the actor does not have the right to enter into a contract in the name of the person subject to the contract after the termination of the right, and the counterparty has reason to believe that the actor has the right, the act is valid. The rent goes to the owner A.
7) Partial invalidity, the court only recognizes 2000 yuan. According to the provisions of the Security Law, the amount of the deposit shall be agreed upon by the parties, but the part exceeding 20% of the amount of the subject matter of the main contract shall not be supported by the people's court.
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1.The electrocution of Niu 1 is an accident, and the loss is borne by the owner, i.e. A.
2.The calf belongs to the fruits produced by Cow 2 and is enjoyed by A.
3.If kicking C is purely a mismanagement on the part of B and C is not responsible for it, then B is liable for the damages.
4.Void. Because B has not yet acquired the ownership of the cattle, it is not entitled to dispose of it.
5.OK. Since D is a bona fide third party, A can recover from B.
6.B still has no right to dispose of it. If it has been delivered, the rent will be enjoyed by A.
7.Void. The amount of the deposit shall not exceed 20% of the amount of the subject matter of the contract.
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1. The loss shall be borne by A, in accordance with Article 142 of the Contract Law.
2. Mavericks are owned by B, Article 163 of the Contract Law.
3. The loss shall be borne by Youyi, and the manager shall be responsible. Look at the general principles and opinions of the civil law.
4. The validity of the contract is to be determined. Ownership is transferred to B.
5. Yes. A bona fide third party.
6. Valid, the rent belongs to B. Article 163 of the Contract Law.
7. The deposit shall not exceed 20% of the contract amount, and the excess part shall be invalid.
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The retention of title clause in the sales contract is an important part of the transfer of ownership of the subject matter. The laws of various countries allow the parties to specify the time of transfer of ownership of the subject matter by agreeing on such a clause, and such clauses are also common in contract practice, especially in international **. A retention of title clause is a clause in favour of the seller.
Its main function is to enable the seller to avoid the risk of not being able to obtain the price of the subject matter. The seller retains ownership of the subject matter until the buyer has not fulfilled the payment of the price or other obligations that the seller deems important. This would relieve itself of the damage that might be caused by the transfer of ownership when the seller had delivered the subject matter and the buyer had failed to perform its primary obligation.
Article 134:The parties may stipulate in the sales contract that if the buyer fails to perform the payment of the price or other obligations, the ownership of the subject matter belongs to the seller.
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The ownership of the satellite is registered with the United Nations, and the country of registration is one of the countries related to satellites such as launch and manufacturing, and if it is smashed, it can claim compensation from the state.
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Ownership refers to the right of the owner to possess, use, benefit and dispose of his or her own property in accordance with the law. Ownership is the most important and complete right in rem (the right of the right holder to directly exercise in rem, corresponding to the creditor's right), which has the characteristics of absoluteness, exclusivity and sustainability, and includes four rights: possession, use, income and disposal. Possession refers to the possessor's actual control over immovable or movable property.
The person in possession may have the right to take possession of immovable or movable property in accordance with the law, such as the leased property delivered by the other party during the lease term under the lease contract. The person in possession may also have no right to possess the immovable or movable property of another person. If you borrow someone else's belongings, you will not return them after the expiration date.
The person in possession does not know that he has no right to possess it, and he takes possession in good faith; Where one clearly knows that he has no right to possess it, it is malicious possession. Since the possession of the finder is based on the loss of the thing by the owner and not on the abandonment of the owner, the owner still has a right in rem, so the law expressly provides that the ownership of the lost property and the lost animal remains vested in the owner. The right to claim income refers to the possibility of obtaining economic benefits based on the owner's property, and is the relationship of rights and obligations arising from the acquisition of additional property, and the right holder may request others to perform specific acts (acts or omissions).
If the proceeds are obtained as a result of possession, the issue is treated as unjust enrichment. In the case of a claim for the return of property, the law has different provisions on the return of the proceeds from the use of the property and the return of the person in bad faith. If the immovable or movable property is in possession of the person in possession, the right holder may request the return of the original property and its fruits, but the malicious possessor does not have such right.
Article 243 of the Civil Law of the People's Republic of China Where immovable or movable property is in possession of the person in possession, the right holder may request the return of the original property and its fruits, but shall pay the necessary expenses incurred by the bona fide possessor for the maintenance of the immovable property or movable property. Therefore, according to the above case, it can be said that B has the right to take back the cow, and as for the calf, it is equivalent to the fruits of the original thing, since A still does not know who the owner of the cow is after repeated inquiries and brings it back for breeding, it is bona fide possession, and A has the right to demand that the owner B pay the expenses incurred during the period of careful care of the cow.
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Ownership is the right of the owner to possess, use, benefit and dispose of his or her property in accordance with the law. It is the dominant force over the purpose, object, means, method and result of productive labor, and it is a kind of property right, so it is also called property ownership. Ownership is the most important and complete right in real rights, which has the characteristics of absoluteness, exclusivity and perpetuity, and includes four rights: possession, use, income and disposal.
The difference between property rights and ownership is that property rights are a larger concept, and property rights include ownership. Real estate ownership is only one of the main types of real estate ownership.
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The answer should be A.
An unclaimed object is an object that does not have an owner or whose owner is unknown, and it is clear that the natural strange stone in this question does not meet the definition of unowned, but is a lost item.
According to Article 109 of the Property Law, the finder does not acquire the ownership of the lost property.
Option C examines the question of whether ownership can be acquired by attachment. Article 86 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China stipulates that: "If a non-property owner adds an appurtenance to the use of another person's property, and the property owner agrees to add the addition, and there is an agreement on how to dispose of the appurtenance when the property is returned, it shall be handled in accordance with the agreement; If there is no agreement and negotiation fails, and it can be dismantled, it may be ordered to be demolished; if it cannot be demolished, it may also be returned to the owner of the property at a discount; and where losses are caused to the owner of the property, he shall be liable for compensation.
In addition, C does not meet the conditions for bona fide acquisition.
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To set up a written agreement with her, the agreement cannot be empty and unfounded, if you reach a written agreement through private negotiation, the property will be yours and will have legal effect.
According to the newly promulgated Marriage Law, the judicial interpretation is as follows:
1. If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.
2. If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party paying the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.
In fact, you can use evidence to prove that the down payment was paid by yourself, and the house is fine, whether it is a husband and wife or not, it probably doesn't matter.
We are not very professional, it is highly recommended that you go to a local law firm for consultation, or find a professional consulting agency on the Internet for consultation, for example, there are many legal professional institutions on Weibo, you can go to consult.
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If it is a husband and wife, it will be easy to do, and the husband and wife will change their name to 80 yuan.
Except for husband and wife, they must go through the process of buying and selling a house. Pay the relevant taxes according to the specific situation of the house itself.
The agreement signed by the two of you can only prove the relationship between the two of you to buy and sell the house, but it cannot avoid the tax on the transaction of the house.
Immediate family members can also pay deed tax by gift.
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If you are a husband and wife, you can just add your name, if you are not a husband and wife, this practice is very dangerous, and disputes often occur.
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1. Niu 1 was killed by lightning and belonged to 2 damages caused by force majeure, and A should bear the loss; Because there was no fault on both sides, Jia Jia retained the ownership of Niu 1. 2. Niu 2 gave birth to a little cowboy is a natural fruit and belongs to A; Because A retains the ownership of the movable property (the subject cow 2) after paying off the cattle. 3. Niu 3 kicks and injures people and causes losses, and B shall bear the liability for compensation, because B is the actual manager of Niu 3.
4. Before the delivery of Niu 4 to Ding, the validity of the agreement is to be determined; Because the ownership of Niu 4 belongs to A before the payment of the cattle is paid, B has no right to dispose of it, and if Party A agrees or recognizes it, the agreement is valid. 5. D can obtain the ownership of the cattle; Because Ding was unaware of it, he paid a reasonable consideration, and the receipt and possession of the subject matter was lawfully acquired in good faith. 6. The lease agreement has legal effect; The rent belongs to B, and although B has no ownership, he has the right to possess, use, and benefit.
7. The deposit clause in the agreement is valid; The agreement of the deposit of 3,000 yuan is a breach of contract deposit, which is valid in this contract, and the deposit clause is valid in the case that the contract is not illegal.
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1.The transfer of ownership follows delivery, and risk-taking is deliveryism. So B bears.
2.The collection of the fruits of the sales contract adopts the principle of delivery and belongs to B. 3.
B bears the responsibility, the manager of the animal damage is responsible, and B is the manager, so B bears it. 4.The effect is pending, and B does not acquire ownership.
5.Yes, Ding is a bona fide third party. Reasonable price has been paid and delivered, ownership is taken.
6.Effective, the rent belongs to the fruits, and the fruits of the dish delivery doctrine 7More than 20% of the target is invalid, so out of the deposit of 3000, the excess 1000 is invalid. 6.
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