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Because Yang Mou acceptance is Li Mou's child to deal with,go into town to read formalities, receive its to ask fee please 20 thousand yuan, the thing did not do later, li Mou sues Yang Mou the court. Because this behavior violates convention of public order fine, recently, court of people of business river county adjudicates lawfully reject sue.
In May 2016, li Mou of Yang Mou collection 20 thousand yuan, acceptance deals with enter a school for its child, the thing did not do later. On August 5, 2016, yang Mou issue 20 thousand yuan of receipt for a loan to Li Mou, reimbursement of affirmatory near future. Urge for many times via Li Mou later should, yang Mou rejects reimbursement. Li Mou thinks behavior of break a contact causes significant loss to its, to forensic to lodge a complaint, ask Yang Mou pays leasehold money.
The court thinks via cognizance, 20 thousand yuan when Li Mou, Yang Mou all approbates Li Mou of Yang Mou collection are to handle the charge of enter a school to Li Mou's children, and Yang Mou serves as one natural person, be not the staff member that teachs an orgnaization, have no right any charge of enter a school of children of collection Li Mou. 20 thousand yuan of money of collection of reason Yang Mou, actual it is one kind holds behavior in the palm please. Basis " general principles of civil code of People's Republic of China " the 8th regulation: "Civil main body undertakes civil activity, must not lawbreaking, must not violate convention of public order fine. " accordingly, forensic ruling rejects accuser Li Mou sue.
Later, li Mou refuses to obey mention appeal. 2 careful court thinks, the wrong way that Li Mou and Yang Mou provide with violating state law and policy achieves a goal, its do not belong to civil suit get case range, ought to rule those who reject Li Mou sue, satisfied a ruling to reject the appeal of appellant Li Mou.
Judge view
In civil activity, the civil law act that violates convention of public order fine is invalid. Common of public order fine is to point to the behavior of civil main body to ought to abide by public order, accord with kind-hearted custom, do not get the general morality of the public order that violates a country and society. Alleged public order, namely the society is general interest, include order of national interest, socioeconomy and society public interest. Alleged fine common, namely general morality sense or good morality fashion, include social morals, business ethics and society good fashion.
The controversy focus of this case is Li Mou asks Yang Mou pays leasehold money to whether should grant to support. Cognizance of court of no less than thinks, li Mou is not the undeserved dispute getting benefit of the view, press the right that civilian leasehold dispute holds however, its are true the reason is the charge that Yang Mou handles enter a school to give Li Mou's children, actual it is one kind holds behavior in the palm please, violated the administrative regulation such as fair order apparently, from only then do not get legal protection, because this court ruling is rejected,sue.
