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I feel that the homeowner's request for 3 million claims is reasonable.
First of all,We can clearly understand that this villa has been purchased by the owner in a reasonable way and has been delivered, and should belong to the real estate of the owner's personal property, and the owner has the right to use the private residence。But it is obviously unreasonable and illegal for the crew and the property to break into a private home for use without the consent of the homeowner, and to have caused a certain degree of damage to the furniture. The normal procedure should be that the crew first asks the property in the community, and then the property owner himself, and only after obtaining permission and agreeing on the rules of use can the filming be carried out
Although the owner has never lived in the villa since he bought it, this does not mean that the property can be rented out without authorization, and it is unreasonable that the income obtained from the rental is not informed and distributed to the owner. Besides, we all have a certain desire to protect our private sphere, and no one likes to have their things in their homes moved around by outsiders, not to mention the losses caused by outsiders. Therefore, it is perfectly reasonable for the homeowner to claim 3 million.
<> follow-up reports, we can also find that the property is actually shirking responsibilityWhile the homeowners promised to keep the keys in their custody and have access to the interior for repairs if important repairs were needed, there was no clause that stated that they could use the property for profit.
One such behavior is to infringe on the homeowner's ownership of the homeThe 3 million miles claimed by the homeowner include property damage and compensation for invasion of privacy.
This also tells usWhen relevant rights and interests are infringed, we must actively seek legal protection, protect our rights and interests in a timely manner through legal channels, make the infringer pay the corresponding price, and maintain social fairness.
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I think the crew should pay compensation, because the crew didn't investigate it in advance, whether this is a model house, and they took it upon themselves to shoot a TV series inside, which is also disrespectful to the homeowner.
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If your villa is occupied without your knowledge, this must be infringed, and of course you should protect your rights and interests in accordance with the law.
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If someone else's house is used without permission, and it is not in a special emergency such as a life-threatening situation, the homeowner should be compensated. The crew's review of whether the house is available should be stricter than that of ordinary people, but this situation has occurred, and there is a suspicion of allowing the property to deceive itself.
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I think that the owner of the house has unknowingly made her villa a place for filming, and she has suffered a lot of losses, and the compensation is reasonable.
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In this incident, the property cannot escape responsibility no matter what, but the crew may really be the injured party.
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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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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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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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