1 If the contract stipulates that the brick factory will be transferred as a whole, including all equipment and finished products, this case involves legal real estate ownership Problems during transfer.
Article 133 of the Contract Law stipulates the time for transfer of ownership: ownership of the subject matter is transferred when the ownership of the subject matter is delivered, unless otherwise provided by law or otherwise agreed by the parties.
(1) Principles of transfer of subject matter
1. The delivery doctrine applies to movables, and the movables are transferred from the date of delivery. The movable properties here include special movable properties such as cars, ships, and airplanes.
2. The registration principle applies to real estate, and the ownership of real estate is transferred from the date of registration.
3. If ownership is reserved in the sales contract, the ownership of the subject matter is transferred to the buyer when the buyer pays the last price.
4. Unless otherwise agreed by the parties. Contracts advocate freedom of contracting. Under normal circumstances, as long as the law does not make mandatory provisions, the parties are allowed to make an agreement. If there is an agreement, the agreement will take precedence. The parties to a contract may agree to transfer the ownership of the subject matter from the time the contract is established. The subject matter here must be specific.
(2) Method of delivery
1. Actual delivery, that is, the seller places the subject matter under the actual control of the buyer, which is the direct transfer of possession of the subject matter. This is normal delivery.
2. Conceptual delivery. There are three types of conceptual delivery: ① Fictional delivery. That is, the delivery of documents for picking up the subject matter instead of the actual delivery of the subject matter. The subject matter documents, that is, the property rights certificates, include warehouse receipts, bills of lading, etc. Simple delivery. That is, before the sales contract is concluded, the buyer has actually taken possession of the subject matter through contractual relationships such as leasing, borrowing, and custody, and the delivery of the subject matter is effective delivery (Article 140). (iii) Change of possession. That is, the parties sign an agreement to enable the buyer to obtain indirect possession of the subject matter in lieu of the transfer and delivery of the direct possession of the subject matter. Our country's "Contract Law" does not recognize this delivery method, and this is only a theoretical discussion. Articles 133, 135 and 140 of my country's Contract Law respectively recognize three delivery methods: actual delivery, instructed delivery and simplified delivery.
3. Actual delivery can be subdivided into three situations according to different delivery methods: (1) Instructed delivery. That is, the seller delivers the goods to the buyer, and then hands the goods to the buyer to complete the delivery. (2) Door-to-door pickup. That is, the buyer picks up the goods from the seller, and delivery is deemed completed when the goods are shipped out of the seller's place. (3) Handle consignment. That is, the seller enters into a transportation contract with the carrier on behalf of the buyer, and the buyer bears the freight. At this time, delivery is deemed completed when the seller hands the goods to the carrier.
According to the above provisions, the sales contract was established in accordance with the law and the ownership was transferred. Therefore, Li is a transferor without rights and should be held criminally responsible for smuggling and liable for breach of contract.
Handling of this case:
1. Zhang can file a lawsuit in court, requiring Li to continue to perform the contract and compensate for the stolen part;
2. At the same time, Zhang A must compensate for the resulting losses;
3 bear the litigation costs;
4 bear liability for breach of contract and pay liquidated damages.
Based on the "Contract Law"
Article 133 The ownership of the subject matter is transferred when the subject matter is delivered, unless otherwise provided by law or otherwise agreed by the parties. (It was agreed when Zhang Li delivered the goods, and the contract was established)
Article 112 If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, when performing its obligations or taking remedial measures, the other party has other If there is a loss, the loss must be compensated.
Article 113 If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, causing losses to the other party, the amount of compensation shall be equal to the losses caused by the breach of contract, including after the performance of the contract. The benefits that can be obtained shall not exceed the possible losses that the breaching party foresees or should have foreseen when entering into the contract.
Case 2,
1 Wang used lottery tickets with a face value of 10 yuan as repayment, and Li accepted it. Since then, the creditor-debt relationship between the two has been eliminated.
2 The rights arising from the lottery tickets presented by Wang belong to Li. Wang has no power to make decisions.
When a debt is repaid with something, both parties agree that the debt will be extinguished.
Thereafter, the actual holder of the interest enjoys full ownership, including the rights of possession, use, income, and disposal. There is no legal relationship with the original debtor.
(Wang only paid off the debt with the actual value of the lottery ticket, and there was no agreement on the interest, and Wang could not foresee that this lottery would generate so much interest. According to custom, when the property rights were transferred, Since then, the interest-bearing property has not been transferred (Wang has lost ownership (possession, use, income, disposal) of the property, and Li has the right to benefit from the property)
Basis:
Article 116 of the "Property Rights Law" stipulates: Natural fruits shall be obtained by the owner; if there is both an owner and a usufruct owner, the usufructuary rights shall be obtained by the owner. If the parties agree otherwise, the statutory fruits shall prevail. If there is an agreement between the parties, the agreement shall be followed; if there is no agreement or the agreement is unclear, the interest shall be vested in accordance with the provisions of the Property Law. Divided into natural fruits and legal fruits. Natural fruits refer to the fruits and products of animals produced according to the natural laws of material growth, while legal fruits refer to interest, rent and other income generated by legal relationships. Relationships arise not only from legal acts, such as rent under a lease contract, but also from legal provisions, such as the right to claim interest for delay in performance based on liability for breach of contract in the event of delay in performance.
Distinguish the original property. The significance of interest is to determine the ownership of the interest. According to the above provisions of the Property Rights Law, the right to collect natural interest belongs to the original owner in principle. However, if there is a usufruct owner, the usufruct owner himself owns the real estate owned by others. or movable property, shall have the right to possess, use and benefit from it in accordance with the law. Of course, the natural fruits shall be obtained by the usufructuary owner. In addition, the parties may also specifically agree on the legal recipient of the natural fruits. If there is no agreement or the agreement is unclear, it shall be obtained according to customs.