Receive a net to borrow the phone that urge a fund,
I just know,
My Id and bank get stuck,
Was done by others go off with the net is borrowed!
Borrow money now already exceed the time limit,
The other side still says to want to sue me,
The net that faces this to fall from the day is borrowed,
How should I do?
1
Q1
People falls in my unwitting circumstance, the id card that uses me and bank card do a net to borrow, the net is borrowed now already exceed the time limit, the other side calls countless times call me to return money, but I did not deal with a net to borrow at all, the other side says to want to sue me, how should I safeguard my legitimate rights and interests.
A1:
Hello, according to your description, need divides kind of circumstance discussion:
The first kind of circumstance, you lend others to use Id and bank card, others agrees do sth without authorization to deal with a net to borrow without you. Here when, need to consider a net to borrow a company to have according to actual condition endless to reasonable checkup compulsory. If the net borrows a company to did not use up reasonable checkup compulsory, criterion you need not assume responsibility.
The 2nd kind of circumstance, people steals conduction net of card of your Id, bank is borrowed. Because you are the victim that steals a case, and be not actual usurer, so you return the obligation of loan and responsibility without countervail.
But what need reminds is, you should be faced with likely the following two kinds of situations:
The first kind of situation, the net borrows a company to had been not sued to the court. You can report a case to the security authorities to public security mechanism directly, put on record of mechanism of classics public security is investigated, affirmatory usurer is not you yourself, be hold your Id to deal with a net to borrow by other. You do not need to assume this loan responsibility.
The 2nd kind of situation, finance company has labelled you the accused to forensic to lodge a complaint. You are OK quote proves you have nothing to do with this case, requirement court cognizance finds out the comfortable case the accused that you are not this case. At the same time you also ought to report a case to the security authorities to mechanism of local public security.
You are OK the actual condition according to you, the choice safeguards your legitimate rights and interests with upper part type. Remind you appropriate is custodial the important papers such as card of Id, bank.
2
Q2
Because my mom is in in the process that the car that mediates collision with others manages like where, was hit by a male, but my Mom did not start work. My Mom by cuff and kick hind, send into the hospital, fish is slight cerebral concussion, the waist of my Mom and leg ministry still have aching feeling, and the body of my Mom is not very good, should ask for how many compensation, if why handle the person that violate?
A2:
Hello, the experience of your mother makes a person sympathize with really. Cent respect answers your question:
on one hand, but according to " tort liability law " the 16th, requirement infringer is assumed " medical treatment cost, nurse the cost, transportation expenses reasonable charge that is cure and rehabilitation defray, and because of income of reductive of delay one's work " . Specific computation means, according to " top people court about trying statute of comfortable use of person damages case the explanation of a certain number of problems " the regulation is carried out, be like: Medical treatment cost, transportation expenses decides by relevant receipt, proof etc.
The 2nd respect, the infringer may involve 3 kinds of liability: The first, civil tort liability to pay compensation; The 2nd, harm is lighter, according to " public security management sanctions a method " the 43rd, assume detain, the administration of amerce punishs responsibility; The 3rd, classics hospital appraisal forms flesh wound, criterion according to " criminal law " the 234th, assume the criminal responsibility that harms a blame intentionally.
tripartite face, to processing means of the infringer, you can report a case to the security authorities to public security mechanism. If put on record of mechanism of classics public security investigates person of cognizance do harm to to make intended harm crime, public security mechanism will move send a procuratorate, by procuratorate to sue. Right now, your mother can be in criminal lawsuit process, mention accessary and civil suit, requirement infringer assumes person damages. If its are belonged to,offend public security government, undertake to its administration is punished, your mother can mention to the court the civil suit of person damages. Of course, if person of do harm to realizes wrong repent one's error, both sides solves civil compensation problem below the mediation that also can wait for concerned mechanism in public security mechanism.
You can consult above means safeguards the legitimate rights and interests of your mother, suggest to had withheld relevant testimony. Wish you the mother recovers at an early date, healthy.
3
Q3
Replenish onr's stock of mobile phone of excuse of one team member mixes spare football team the mother is sick into death, early or late with cash, pay treasure to sweep code, small letter to turn the means diddle such as Zhang 56 teammate more than 40000 yuan. Next he the mobile phone closes now machine, do not answer small letter, we do not contact another person. Disclose according to his parents, this person does not have course of study all the time, still net of a lot of exceed the time limit is borrowed, his parents is current without giving thought to he, our victim also cannot find him, how should we do? Do this attribute bilk or leasehold dispute?
A3:
Hello! To your experience we express a regret greatly, cent the dot solves your problem below:
On one hand, you can remove appeal to beg this team member to remand to people court loan. Basis " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems " the 2nd regulation, if you are sued to people court because of civilian leasehold dispute, should carry the relevant evidence that exists for proving leasehold law concerns.
On the other hand, if the behavior of this team member constitutes crime of fraud, you can report a case to the security authorities to public security mechanism in order to solve this problem. The information that provides because of you is finite, can make following hypothesis only: If this team member does not want to return money when lending money, subjective on have detinue objective; Go up objectively, if adopt the gold of dummy fact, methodological diddle other that hides the fact to amount to more than 40000 yuan again, belong to the clue with bilk huge amount; Criterion basis " criminal law " the 266th with " procuratorate of top people court, top people about dealing with bilk criminal the case is particular use law the explanation of a certain number of problems " the first regulation, its behavior constitutes crime of fraud.
4
Q4
Hello, some time ago I bought one part through intermediary secondhand room, had signed a contract to also hand in 100 thousand subscription, but have been to door when because owed a lot of debt,discover landlord, the building was closed down, landlord all the time refus picks up the telephone, do not contact on other, how should I do now?
A4:
Hello, according to your description, need divides kind of circumstance discussion: Close down the time of building happening is the contract still is before the contract is signed after signing.
The condition of the contract is signed after if be,closing down first. Basis " top people court carries out the job about people court the regulation of a certain number of problems " reach " estate of city of People's Republic of China administers a law " regulation, perhaps be in after the building is closed down know perfectly well house property to be closed down by the court, buyers and sellers still is signed " building business contract " , the contract is invalid. You can ask landlord is returned 100 thousand " subscription " and with accrual, if have a loss,can ask landlord compensation.
If be,sign the condition that closes down after the contract first. Criterion " building business contract " the true meaning that fastens both sides expresses, and not of be bad law mandatory regulation, should lawful and effective. Buyers and sellers ought to fulfil obligation according to the agreement. But should be closed down by the court as a result of this building, cannot deal with change the name of owner in a register, belong to fulfill incapable case objectively. You can safeguard oneself rights and interests through the following way: 1. Raise the executive objection that close down; 2. Await a building to remove close down; 3. By the bargainor or him buyer offers belongings to assure, close down in order to remove measure; 4. Remove business contract, undertake responsibility of breach of contract by the bargainor.
In the light of landlord all the time refus picks up the telephone, do not contact on the person's circumstance, you can choose to be sued to the court directly, the court can have judgment by default. And you are buy this house through intermediary, and the obligation that this intermediary has state of property right of the building that check to this room. If intermediary all did not come here compulsory, you can ask intermediary assumes corresponding responsibility, at the same time you also can ask intermediary provides corresponding assistance.
5
Q5
Marry 13 years, collective lid has the two people after marriage one builds a house oneself, but without house property card, show the woman to put forward to divorce, can she share this house?
A5:
Hello! The house can allocate, specific the question that answers you from two respects:
on one hand, after your marriage -- the house that during marital relation puts add, builds jointly namely, if do not have an agreement to be one party of husband and wife all, criterion basis " marriage law of People's Republic of China " the seventeenth regulation, the house belongs to husband and wife public property. Since be husband and wife collective and all, can break up of course when the divorce.
The 2nd respect, the building does not have house property card, also can undertake allocation when the divorce. Basis " top people court about applicable " marriage law " the explanation of a certain number of problems (2) " the 21st regulation, you have two kinds of ways: The first kind of way, talk things over solve. You are OK with respect to the building live, after making in order to is reached of building droit obtain attributive talk things over consistent, reach written agreement;
The 2nd kind of way, litigant way. If you cannot talk things over,agree, can sue a requirement to allocate to people court, people court adjudicates according to actual condition by which one party lives use this building, but cannot be opposite temporarily of building droit attributive have a court decision.
Finally, suggest you are friendly talk things over, harmony solves the allocation of the building and attributive problem.
