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Tu rented out his 4 vacant rooms without Zhang's consent, and the validity of the rental contract he signed with Qi and You is yet to be determined. Later, Tu obtained Zhang's consent and entrusted Qi to collect rent from You, and it can be seen that Zhang later recognized Tu's act of renting out his house without authorization, which can be regarded as Zhang's retrospective recognition of the rental contract, so the rental contract signed by Tu and Qi and You is valid. Qi's rental period is 1 year, and if the lease period is not completed, Zhang cannot ask Qi to vacate the house.

According to the case, Qi Mou's house should have been completed for one year, and the contract should expire at this time, and if the two parties have not signed a contract to continue the lease, Qi should vacate the house at this time.

Half a year later, You moved out at the expiration of the lease. With Tu's consent, Qi rented the two houses to Chen for a period of 8 months. Although Tu agreed to rent the house, the rental contract they signed with Chen did not have the consent of the owner of the house, Zhang, and the validity of the rental contract is to be determined.

Later, Zhang returned and asked Qi and Chen to vacate the house, explaining that Zhang did not approve of renting the house to Chen, so the rental contract signed by Qi and Chen was invalid. Zhang has the right to ask Chen to vacate the house, but he needs to give Chen the necessary time to find another place to live. As for the losses suffered by Chen X for renting a house, as well as the reasonable expenses of finding another house, he can claim a refund from Qi X and Tu X (mainly depending on who is the counterpart who signed the rental contract with Chen).

Without the right to dispose of it, the contract is invalid and the original state is restored.

Case: How can it be said that the diversion of people and vehicles can be changed

Before buying a house, Zhou and other owners saw in brochures, sand tables, advertising films and other promotional materials that the community they purchased was equipped with people-vehicle diversion facilities and an outdoor swimming pool.

But later the owners learned that in the construction plan filed by the developer Tianfu Company with the relevant departments, the community was not a diversion of people and vehicles, and Tianfu Company was after passing the completion acceptance to create an "illusion" of diversion of people and vehicles by covering the ground parking spaces with turf, and the relevant departments found out about this situation, and immediately ordered Tianfu Company to rectify and restore the ground parking spaces. As for the "outdoor swimming pool", it is an illegal building and cannot be used.

When the owner approached Tianfu Company to negotiate, he was told that the "Commercial Housing Pre-sale Contract" stipulated that it reserved the right to modify the layout of the community and that the content contained in the promotional materials was not included as an integral part of the contract.

Interpretation: The living space of the "overlord clause" is getting smaller and smaller

Judge Liu Jia of Shanghai No. 1 Intermediate People's Court said that after the implementation of the Civil Code, Article 496 of the Civil Code stipulates the circumstances under which standard clauses are not included in the contract, that is, if the party providing the standard clauses fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clauses in which it has a material interest, the other party can claim that the clauses do not become the content of the contract.

Therefore, as the provider of the standard clauses, the developer must not only set the rights and obligations of both parties fairly, but also fulfill the obligation to prompt or explain to the other party, otherwise it cannot be regarded as an agreement between the two parties on the content of the clause, and the content of the clause shall not be included in the contract or enter the scope of validity evaluation.

After the implementation of the Civil Code, the relevant precedents for the application of standard clauses show that there will be less and less room for clause-makers to use their position advantages to create "overlord clauses", and market transactions will be fairer and more standardized.

The above content refers to the Encyclopedia - Civil Code.

1. Read the case carefully, familiarize yourself with it or learn about the case

When you see a civil law case, you must not panic, be calm and calm, and have a calm mind. When reading a case, you should pay close attention to the details of the case, and grasp the main plot and central issues, and avoid rushing to write after ten lines at a glance.

2. Determine the type of civil legal relationship

The civil legal relationship is a red thread running through the theory of civil law and is the basis for the analysis of civil law cases. After the candidates have a basic understanding and understanding of the facts of the case, they should start from the civil legal relationship when analyzing, so as to grasp the root and essence of the problem.

3. Clarify the relationship between the focus of the dispute and the facts of the case

The focus of the dispute is often the question of the topic, that is, the most important part of the case, so we should grasp the key points when analyzing, clarify the focus of the dispute, and answer the questions with this as the center.

Differences between civil and criminal cases:

1. The nature is different. Civil cases are mainly about the nature of civil rights and obligations, and belong to the nature of contradictions among the people. On the other hand, criminal cases are crimes that endanger society and violate the criminal law and should be punished by criminal punishment, which is of the nature of class contradictions.

2. Li Yin's substantive law is different. The substantive laws applicable to civil cases are the General Principles of Civil Law, Marriage Law, Maritime Law, etc. The law applicable to criminal cases is criminal law.

3. The applicable procedural laws are different. The relevant provisions of the Civil Procedure Law and judicial interpretations shall apply in the trial of civil cases. The relevant provisions of the Criminal Procedure Law and judicial interpretations shall apply to the trial of criminal cases.

The above content refers to: China Court Network - A Preliminary Study on the Analysis Methods of Civil Law Cases.