According to the Property Law of People's Republic of China (PRC):
Article 32 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.
Article 33 If there is a dispute over the ownership and content of the real right, the interested party may request confirmation of the right.
Article 34 Where a creditor has no right to possess immovable property or chattel, he may request the return of the original property.
Article 35 Where the real right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed.
Article 36 Where a realty or chattel is damaged due to repair, the obligee may request repair, redone, replacement or return.
Article 37 If the infringement of property rights causes damage to the obligee, the obligee may demand compensation for the loss or bear other civil liabilities.
Extended data:
Because someone else's car was driven away by debt, the court ordered the car to be returned and compensated.
Ms. Wei and Mr. Li had an economic dispute. Later, Ms. Wei forcibly took Mr. Li's car, and later Mr. Li rented another car for convenience. Mr. and Mrs. Li sued Ms. Wei to the court, demanding the return of the vehicle and compensation for the expenses incurred in renting the vehicle. On March 18, gongyi city People's Court held a hearing to hear the case.
Mr. Li and Ms. Feng, 45, are husband and wife. The husband and wife once bought a Kia sedan, and the registered owner was Ms. Feng. Mr. Li borrowed money from Ms. Wei because of economic tension. Ms Hou Wei and Mr Li had an argument about the loan. Ms. Wei has repeatedly asked Mr. Li for arrears, and Mr. Li said that he is unable to repay it now.
On the morning of September 2 1, 2065438, while Mr. Li was driving to gongyi city People's Hospital for medical treatment, Ms. Wei took the opportunity to drive away. Mr. Li immediately reported the case to the gongyi city Special Patrol Brigade, which later refused to file a case on the grounds that there was an economic dispute between the two sides.
Mr. Li and Ms. Feng asked Ms. Wei to return the detained vehicle, but the defendant refused to return it, causing a dispute. As Ms. Wei drove away, Mr. Li rented a Passat and rented 700 yuan every day; It was claimed that the Passat car was rented by the car to replace the detained vehicle, and accordingly, Ms. Wei was sued for compensation for the loss of car rental.
Ms. Wei said that it was precisely because the Lee couple failed to repay their debts that they made this decision and forcibly drove the vehicle away. During the trial, the judge said that if you don't pay your debts, you can also protect your legitimate rights and interests through litigation, and you should not solve the problem by seizing the car that is not the debtor.
The gongyi city court held through trial that, according to Article 34 of People's Republic of China (PRC) Property Law, if the obligee has no right to possess the immovable property or chattel, he may request the return of the original property.
In this case, Ms. Wei forcibly drove Mr. Li's car away and refused to return it on the grounds that Mr. Li and Ms. Feng owed them money. His behavior violated the legal property rights of Mr. Li and Ms. Feng, and he should bear the corresponding tort liability. As the owners of the detained vehicles, Mr. Li and Ms. Feng demanded the return of Kia Motors, which was well-founded in law and supported by the court.
Regarding the loss of detained vehicles claimed by Mr. Li and Ms. Feng, the court investigated four car rental companies in Zhengzhou, and the average daily rent of Passat cars was 4 12.5 yuan. At the discretion of the court, Ms. Wei will compensate Mr. Li and Ms. Feng for their car rental losses according to the daily rent of 400 yuan.
Therefore, the Gongyi court ruled that Ms. Wei returned all Kia cars owned by Mr. Li and Ms. Feng; Compensate Mr. Li and Ms. Feng for the loss of car rental calculated at 400 yuan per day from September 22, 20 13 to the date of returning the detained vehicle.
China Court Network-The court ordered to return the car and pay compensation for driving someone else's car due to debt.