Case script on the right to life and health

Li and Chen are a young couple who want to buy a house. At this time, a real estate developer launched a real estate project, in which the recommendation, if you have a teacher qualification certificate, you can get a 95% discount. Because Chen's mother, Wang, was a teacher, they took Wang's teacher's certificate to buy a house in Wang's name, and registered it in Wang's name on the real estate certificate.

Later, Li and Chen divorced and wanted to divide the property. At this time, the mother-in-law, Wang, came out and claimed that the house belonged to hers, and there was a real estate certificate as proof. So Li took out the bank payment documents at the time of the purchase of the house and the fact that he had lived in the house for many years and claimed that the house actually belonged to Li.

Set: If, during the litigation, Wang sells the house to Yuan and goes through the real estate registration procedures, who should own the house? What can Li do to prevent it?

A: If the Property Law is used as the basis, registration is a condition for the transfer of the ownership of immovable property, so the ownership of the legally registered immovable property belongs to the owner who is "recorded in the register" (statutory). Therefore, Wang is the legal right holder.

If Chen, Li or the real estate company claim that the original purchase contract is invalid and the contract is indeed confirmed to be invalid through arbitration or litigation, then if it can be proved that Wang did not express his intention to purchase the house and did not pay for the purchase, it can be determined that the property is owned by Chen and Wang. Before the lawsuit ended, the property was disputed property, but it did not involve the issue of "no right to dispose of", because on the surface, Wang was still the legal owner of the house, so his transfer did not violate laws and regulations, and Yuan legally obtained the ownership of the house. There is no distinction between "good faith" and "bad faith" in Yuan, because even if Yuan has fulfilled his duty of good care, the owner stated on the real estate certificate is still Wang, and Yuan has no obligation to know who the specific investor of the property is, so as long as Yuan buys it with a reasonable ** and goes through the registration procedures, he can obtain the property rights of the house.

The so-called "preventive method", if there is a concern that the property will be transferred or damaged, the interested party before and during the litigation may request the court to preserve the property of the property. After paying a guarantee corresponding to the value of the property, the court may seize the property to avoid unnecessary changes in property rights.

Safety & Life (Presentation).

The psalmist asks: "To live or to die";

It's almost the New Year, and the family is happy.

B (Female): Bow.

A (male): Amusement, good health, we will play a double reed for the New Year (double reed).

Men and women played.

On March 1, 2014, A and Company B signed a written labor contract, and the term of the labor contract was until February 29, 2016. A joined the company on the day of signing the employment contract. During this period, Company B paid social insurance for A.

In January 2016, Company B notified A in writing to go to the company to go through the resignation procedures on the grounds that A had seriously violated the company system, but A did not allow it. A dispute arises between the parties. After investigation, Company B has clear provisions on the rules and regulations that employees should abide by after they join the company.

Company B does not have a trade union. A did not receive the employee handbook from Company B when he joined the company, and the rules and regulations were not signed by A to confirm that he knew them and did not publicize them on the wall. A's average monthly salary is 5,000 yuan.

A then applied for labor arbitration. Company B argued that A terminated its employment relationship with A due to serious violations of rules and regulations. A, on the other hand, claims to have never seen the rules and regulations.

I'm lawyer Bijie Zhao, and there is a fee for this.

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