Chen Mou and his wife live in a community in Wuzhong District, Suzhou. They are over 50 years old this year. Like many rural parents, in order to get their son Xiao Chen a better education, they moved from the countryside to the city and rented a house in Wuzhong District until their son graduated from college. However, since Chen Daxue Jr. graduated in June 2065438+2004, he has been idle at home, neither helping his parents nor going out to look for a job, which makes Chen Mou and his wife very anxious.
Because they don't want their son to sink like this, the couple will naturally nag more about Xiao Chen, which is nothing more than quite common words such as whether they should get a job or not and don't wander around. But even so, Xiao Chen is still very uncomfortable. Then she ran away from home and selectively disappeared for two years. Until 20 16, Chen Xiaoshi couldn't get along outside and returned to his parents, but he still achieved nothing.
Even so, the Chen Mou couple didn't blame their son too much. They have always thought that they are still strong, so their families will not be embarrassed, and they are still worried that their children will get married and start a family. But now the wedding room is a necessary hardware. In order to let Chen have a house to marry his wife as soon as possible, the couple borrowed hundreds of thousands of yuan from relatives to make up the down payment and ordered a commercial house in Wuzhong District.
The couple didn't hesitate to register the property under Chen Xiao's name. In the process of buying a house, although they registered in the name of Xiao Chen and applied for a mortgage, Mr. and Mrs. Chen Mou did bear the repayment and never asked Chen Xiao for a penny. In this way, with the efforts of her parents, Chen Mou realized her dream of living and getting married, which can be said to be ahead of many young people now.
In fact, Xiao Chen received a college education. Although he can't find a job with a particularly high income in Suzhou, his performance is generally not a problem to support his family. But Xiao Chen didn't do it. Even though he has become a husband, he still goes his own way. In short, he just doesn't go to work and insists on "eating" his parents. Chen Mou and his wife had no choice but to let him go.
Although it is not easy to get enough food and clothing on such a day, there are still problems. What about Xiao Chen's daily expenses? Besides, Mr. and Mrs. Chen Mou are getting older and older. They can hardly earn money, and they still live on their laurels. Chen is unscrupulous again, still a little ashamed and embarrassed to ask for it. But the days without money are really boring. After thinking about it, Xiao Chen actually began to consider the house.
Xiao Chen thinks so. He sold the house and bought a smaller one so that his parents could go back to their hometown in the countryside. The difference between them can also be spent for several years. However, although Xiao Chen thought so, he didn't dare to make a move, because after all, the house was accumulated by the blood and sweat of his parents, and a little carelessness would bring him trouble. However, in the end, greed triumphed over reason and emotion. On August 20 19, Xiao Chen took the opportunity to talk to his parents about selling the house.
Xiao Chen's idea surprised Chen Mou and his wife. Unexpectedly, what the couple had been worried about for years finally happened. This sudden blow made their noses sour and almost shed tears. What kind of son did you raise? The old couple scrimped and saved for his study, but didn't go to work, and even tried to think about the house. Such a thing is really beyond the ability of ordinary people. Because they didn't want to quarrel, the couple didn't talk.
However, Xiao Chen was not discouraged. He repeatedly said that he would sell the house and buy another one on the grounds of poor light, environment and cell phone signal, but Chen Mou and his wife were determined not to sell the house. In order to achieve his goal, Xiao Chen can be said to have exhausted all means. First, he smashed things at home without names, and always quarreled with his wife, which caused psychological pressure to the old couple. But Chen Mou and his wife, who knew their son very well, refused to move out.
Seeing that it was very hard, Xiao Chen asked his relatives to do work for his parents, saying that if he sold the house, he would change it into a small one, and his parents would definitely come to see him often after moving back to their hometown in the countryside. However, Xiao Chen's mind has long been seen through by his parents. They think that Xiao Chen just wants to sell the house and squander it, so the old couple's hard work for so many years is in vain. The consequences were unbearable, and he still refused to ask Xiao Chen to sell the house.
But Xiao Chen vowed not to stop until he got what he wanted. Seeing his parents' carrot and stick, he simply put the house up for sale online. Because the price was right, people came one after another. In order to smash Xiao Chen's "conspiracy", Mr. and Mrs. Chen Mou said that even if the house was sold, they would never move out. Because many property buyers feel that the house is in dispute and are afraid of getting into trouble.
But Xiao Chen couldn't work, but he was scheming and thought of forcing his parents to move out by legal means. In the process of a parent blocking the house-keeper, Xiao Chen reported to the police that someone was staying at his house, but when the police arrived at the scene, they found that the relationship between the two sides was special and suggested that any dispute could be resolved in court. Since then, Chen Xiao took his parents to court on the grounds of excluding property rights.
Xiao Chen's series of practices have been criticized by many people, and even some relatives think that Xiao Chen's school education for so many years is really a waste. It's chilling to treat his parents with so many tricks. But Xiao Chen doesn't care. He thinks that if the house is registered in his name, he has the right to dispose of it. If his parents don't compromise, he will use the law to let his parents leave.
So, is Xiao Chen's practice in line with the law, and can his ideas be realized? Don't Chen Mou and his wife have the right to stop Xiao Chen from selling the house? In fact, there are many legal issues involved. First of all, this property is registered in the name of Xiao Chen. From the legal point of view, it is an indisputable fact that the owner of this property should be Xiao Chen, which means that Xiao Chen has the right to dispose of this property.
It should be noted that there is an indelible fact in this case, that is, this property is the down payment undertaken by Mr. and Mrs. Chen Mou, who have been paying the mortgage. It can be inferred that Chen Mou and Xiao Chen agreed on the use and residence of the house, and thus formed a contractual relationship, that is, Chen Mou and his wife bear the down payment and repay the loan, but they also have the right to live in the house.
Even if there is no such agreement, children have the obligation to support and honor their parents. Xiao Chen didn't raise any objection during his parents' years of residency, but later forced his parents to move out in order to sell the property, which obviously violated public order and good customs, and was also incompatible with the traditional virtue of filial piety in China. Therefore, Xiao Chen should obtain the consent of his parents when selling real estate.
In fact, Xiao Chen's practice is very inappropriate, both in terms of human feelings and law. To paraphrase the words of his relatives, "Zhen Chen Jr. didn't know where to study for so many years" is really "the more knowledge, the more reactionary it is", and the easier it is to disregard family ties and human feelings. Of course, Xiao Chen must be a case, which cannot be generalized, but it can also reflect the dark psychology of some "neets".
The court did not support Xiao Chen's appeal. After hearing the case, Wuzhong District Court held that although Xiao Chen was the owner of the house, his behavior violated public order, good customs and traditional social virtues, so he could not get legal support. Finally, the verdict rejected Xiao Chen's appeal. However, Xiao Chen did not give up and appealed to Suzhou Intermediate People's Court, but unfortunately, he still did not do so.
According to the news of Wuzhong District Court on June 6, 2020, the case passed the second trial, supported all the judgments of the first trial, and made a final ruling of "rejecting the appeal and upholding the original judgment". This means that Xiao Chen's wishful thinking has all failed, and his parents can continue to live in this property, which not only protects the legitimate rights and interests of the Chen Mou couple, but also promotes social virtues and corrects ethics, which is commendable.
In fact, Xiao Chen did not become like this overnight. When condemning Xiao Chen's behavior, parents should still face up to the education of their children. It is the first priority for children to read more books and get into college, but they can't blindly pursue grades. They should also receive comprehensive education in all aspects. If they can't do this, they are likely to be reviled in their later years. Although the law can support you, it is you who suffer.