" general law classroom " this period foreword
This period " general law classroom " civilian travel gentleman sends a standard to farmhouse, listen attentively to common people patiently to say a thing, give common people straightawayly to interpret theory of law, unlock the small correct between neighborhood, promoted neighborhood harmonious.
Case reviewing
When the child strings together the door to come home, Zhao Mou takes him 6 years old already was much at 12 o'clock in the evening, inadvertent trip sends the child crus ministry gets hurt, zhao Mou requests neighbour to consider some to send he and child to make a diagnosis and give treatment of the hospital around by motorcycle. Because be next time, hospital gate already was locked up, gu Mou reachs autocycle lock outside the gate around. When the doctor handles child cut to hang condole needle to observe, already was a late night, gu Mou should come home, zhao Mou says the child is not easy move, morrow morning farewell.
When considering some preparation to come home the following day, discover autocycle by pilfer. Accident a month concludes the case have not accuse broken, gu Mou asks Zhao Mou gives compensatory autocycle loss 3591 yuan, zhao Mou gives after paying 1000 yuan, reject to compensate for.
The relation after quarrel happening between neighborhood is exasperate
Zhao Mou
I thank the help that visits some pair of my homes, a kind of side and the concern that are helped are between I and him, missing to autocycle, I do not have fault, his blame lets my compensation do not have legal basis. And after the accident, I stem from morality and justice to had given Fu Gu some 1000 yuan.
Gu Mou
I am to help Zhao Mou just cause autocycle missing, I myself am missing to autocycle also do not have fault, the loss that so Zhao Mou ought to cause for my help behavior offers compensation.
Civilian travel gentleman
The fact that Gu Mou helps Zhao Mou send the child toward the hospital to treat condition with autocycle exists, belong to civilly because administer act,do not have, beneficiary beneficiary ought to pay lawfully from this of liquidate reasonable charge. Although Zhao Mou's child is the person that be benefited directly, but he is belonged to without person of civil action competence, safety of its life property reachs all living arrangements to be in charge of in charge of by its parents, zhao Mou is immediate beneficiary beneficiary, the request that reason considers some to ask Zhao Mou compensates for autocycle is reasonable and lawful.
Law gentleman comes
" civil code general rule " the 93rd [because manage,do not have] : "Not legal or the agreement is voluntary, manage to avoid to other interest suffers lose and undertake or serve, liquidate of beneficiary beneficiary of requirement having right from this and disbursement necessary fee.
[relevant code]
" top people court implements general rule of civil code of < People's Republic of China about carrying out > the opinion of a certain number of problems (try out) " the 132nd. The administrative person that civil code general rule provides the 93rd times perhaps serves a person to be able to ask the essential charge of beneficiary beneficiary liquidate, include the charge of immediate in manage or serving an activity expenses, and the actual loss that gets in this activity.
Peacemaker civilian travel gentleman
Zhao master, old Gu Ying your request, send you and child to go to a hospital, his administrative action is to make the child receives make a diagnosis and give treatment as soon as possible, truly promising other interest and the meaning that supervises work. After child make a diagnosis and give treatment is over, laogu wants to come home rest, but attend to reachs your home the child is not easy move, answer again your request is accompanied in the hospital protect morrow day break, still be for your interest, merit of this kind of behavior arrives to law is encouraged and be protected. Autocycle by pilfer it is Gu Mou get because of supervising your work damage, say so, gu Mou's behavior is belonged to because administer act,do not have. Basis " civil code general rule " the 93rd, " civil code general rule " the opinion of a certain number of problems sets the 132nd times, after because manage behavior to hold water,be not being had, administrative person perhaps serves a person to be able to ask beneficiary beneficiary liquidate is necessary charge, the cost in order to that includes direct in manage or serving an activity pay reachs the actual loss that gets in the activity.
Zhao Mou
Inquisitor, I listen understood, I am very ashamed, prepare now 2000 much, the autocycle money Laogu is total compensate, otherwise, my home has tickler again after, who still helps.
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