A: Including.
Article 117 of the Property Law stipulates that the usufructuary right holder has the right to possess, use and profit from the real estate or movable property owned by others according to law.
Comment: The law says that the incorporation of movable property means incorporation. Although the Property Law stipulates ten kinds of real estate objects, the main function of this kind of movable property is to leave an interface for future legislation.
Second: Does the usufructuary right holder in Article 1 16 of the Property Law include the lessee?
A: No. ..
The usufructuary right relationship and lease relationship between the parties are based on two different reasons. Enjoy the usufructuary right according to law; Enjoy the right to lease according to the agreement and contract. In other words, the former is legal and the latter is agreed. The former is the relationship of real right, and the latter is the relationship of debt.
Property right and debt are two parallel concepts in civil law, so be careful not to confuse them.
For example, although Zhang San and Li Si look alike, they can never be said to be twins, because they come from two different parents. Although usufructuary right is similar to the external manifestation of lease right.
Cattle rental: it is obviously a lease contract. In this contractual relationship, the agreed fruits follow the agreement, but it is not agreed that the fruits belong to the owner. Party A is the owner of this cow, so it belongs to Party A. ..
Extension:
1. If the cow is sold to a buyer and the cow gives birth to a calf at the buyer's house, whose calf is it?
2. If this cow belongs to Party A, but Party A has been away from home for many days and neighbor Party B looks hungry and thin, feed this cow every day. Party C passed by and liked this cow, so he bought this cow from Party B (1). If Party B honestly says that this cow is not mine, I can sell it to you. (2) Without saying anything, Party B directly asked who gave birth to the calf.
3. If B is the cow that found A on the grassland and sells it to C many months later, who is the cow and who is the calf?
Comments: The word "according to law" appears in most articles, but we often think that these two words are just a habitual and meaningless "speaking French" with no practical significance. In fact, more often these two words are the core.
3. What are the effects of creditor's rights (contract validity) and real rights (ownership change) that have no right to dispose of?
This question makes me feel at a loss. At least I can write a paper of at least 1000 words. I'm looking for some patterns. I feel that the core of this problem lies in publicity and registration. This question is definitely not easy to answer. If it is too long, look at the extension.
1, legal provisions related to the effectiveness of creditor's rights (contracts):
Article 5 1 of the Contract Law stipulates: "If a person who has no right to dispose of another person's property obtains the right to dispose of it after ratification by the obligee or the person who has no right to dispose of it enters into a contract, the contract is valid."
Article 44 of the Contract Law stipulates: "A contract established according to law shall take effect upon its establishment. Where laws and administrative regulations stipulate that examination and approval and registration procedures shall be handled, such provisions shall prevail. "
The Supreme People's Court's "About Application"
2. The effect of real right
This can't be copied, a lot. See the Property Law and its interpretation and the Guarantee Law for details.
Extension:
Party A has a house, and signs a house sale agreement with Party B, but transfers the house to Party C..
Because of the principle of publicity and public trust and the principle of registration, C obtained the ownership of the house at this time.
B can't get the ownership of the house, but based on its contractual relationship with A, it can claim the liability for breach of contract from A. ..
Knowing this, the relationship between them will be clear.
Four. The right of claim for returning the original property shall be treated as the right of claim for unjust enrichment, and the statute of limitations shall apply?
A: It depends. It's not inapplicable.
1, which is not applicable if the original exists. This is the claim of real right.
2. If the original thing no longer exists, the statute of limitations shall apply. Because the original does not exist, people can only compensate you at a fixed price. Since it is a fixed-price compensation, it will change from a claim for real right to a claim for creditor's rights, so the statute of limitations applies. Generally speaking, only the right of claim for creditor's rights can apply the limitation of action.
Unjust enrichment is one of the legal facts that cause the relationship between creditor's rights and debts.
Comments: Property rights and creditor's rights are often mixed together, but you have me and I have you. Always be alert to them and distinguish them carefully.
Verb (abbreviation of verb) What is the position of legal representative in civil litigation?
A: Another paper problem. Let me change the comic style and say it briefly.
The legal representative is just a representative. Who does he represent? Of course, he represents a legal person. Who is the legal person? Of course, it is those companies, enterprises, institutions and social organizations with legal personality. Then the boss of the law appoints this person who can represent the legal person as the legal representative. It is not something that the law requires him or entrusts him to do. If it is asking, it becomes an agent, not a representative.
From the outside world, this legal representative is the combination of him and the legal person. He is a legal person, and so is the legal person. Internally, he is an employee of a legal person.
In civil litigation, companies and enterprises can't move to court or speak, so let's represent them. What this representative said is what a legal person (a company, enterprise or organization with legal personality) said, but the legal consequences will be borne by the legal person.
Suggestion: Write the definitions of agent, representative, legal agent, legal representative, litigant participant, litigant participant, party, plaintiff, defendant and third party on the same piece of paper within half an hour, and study them word by word.
6. Labor relations and the relationship between labor relations and civil legal relations?
Oh, my god, this can be published.
Starting from six aspects: subject qualification, status, relationship between rights and obligations, applicable law, bearing legal consequences, and ways to resolve disputes.
Finally, you said you didn't have to answer all the questions. I didn't mean to score. I just want to learn, test and summarize my understanding and mastery of legal knowledge through your questions. My answer is definitely incomplete and there will be mistakes. You've confirmed it yourself. At the same time, I hope everyone can feedback my misunderstanding and make me more perfect. I wish you progress in your study.
Encourage each other.