If it is stipulated in the 1 contract that the brick factory as a whole includes the transfer of all equipment and finished products, then this case involves the question of when the ownership of real estate will be transferred according to the law.
Article 133 of the Contract Law establishes the time for the transfer of ownership: the ownership of the subject matter shall be transferred from the delivery of the subject matter, unless otherwise stipulated by law or agreed by the parties.
(A) the principle of the transfer of the subject matter
1. The movable property is delivered, and the movable property is transferred from the date of delivery. The movable property here includes special movable property such as cars, ships and planes.
2. After the real estate is registered, the ownership of the real estate will be transferred from the date of registration.
3. In a sales contract with retention of title, when the buyer pays the final payment, the ownership of the subject matter is transferred to the buyer.
4. Unless otherwise agreed by the parties. Contract advocates freedom of contract. Under normal circumstances, as long as the law does not make mandatory provisions, the parties are allowed to agree, and if there is an agreement, the agreement shall prevail. The parties to a contract may agree that the ownership of the subject matter shall be transferred upon the establishment of the contract. The theme here must be specific.
(2) Mode of delivery
1, actual delivery, that is, the seller puts the subject matter under the actual control of the buyer, that is, the transfer of direct possession of the subject matter. This is a normal state of delivery. ?
2. Conceptual delivery. Conceptual delivery can be divided into three types: ① fictitious delivery. That is, the delivery document that extracts the subject matter replaces the delivery method that actually delivers the subject matter. Subject matter documents, that is, ownership documents, including warehouse receipts and bills of lading. ② Simple delivery. That is, before the conclusion of the sales contract, the buyer has actually possessed the subject matter through contractual relationships such as leasing, borrowing and keeping, and the delivery of the subject matter depends on the delivery method when the contract becomes effective (Article 140). (3) change of possession. That is, the two sides signed an agreement to enable the buyer to obtain indirect possession of the subject matter, rather than transferring direct possession of the subject matter. China's "Contract Law" does not confirm this delivery method, so here is only a theoretical discussion. China's "Contract Law" confirms three delivery methods: actual delivery, instructed delivery and simple delivery in Articles 133, 135 and 140 respectively.
3. The actual delivery can be divided into three situations according to the different delivery methods: (1) door-to-door. That is, the seller sends the goods to the buyer and the goods are delivered to the buyer to complete the delivery. (2) pick up the goods at home. That is, the buyer takes the goods from the seller and the delivery is completed when the goods are shipped out of the seller. (3) Consignment. That is, the seller concludes a transport contract with the carrier on behalf of the buyer, and the buyer bears the freight. At this point, the seller will hand over the goods to the carrier and complete the delivery.
According to the above, when the sales contract is established according to law, the ownership will be transferred accordingly, so Li is a non-dispersed person and should bear criminal responsibility and breach of contract for smuggling.
Handling of this case:
1 bring a lawsuit to the court, demanding that Li continue to perform the contract and compensate for the theft;
At the same time, Zhang should compensate for the losses caused by this;
3. bear the litigation costs;
4. Take responsibility for breach of contract and pay liquidated damages.
According to the contract law
Article 133 The ownership of the subject matter is transferred from the delivery of the subject matter, except as otherwise provided by law or agreed by the parties. (Li. Z has agreed when to deliver the goods, and the contract has been established).
Article 112 If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses.
Article 113 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Case 2,
1 Wang used a lottery ticket with a face value of 10 as the repayment method, and Li accepted it. Since then, the creditor-debtor relationship between them has been eliminated.
The rights arising from the lottery ticket paid by Wang belong to Li. Wang has no right to dispose of it.
When the debt is paid off in kind, the creditor's rights will disappear after the two parties reach an agreement. After that, the fruits produced by the property are completely owned by the actual owner, including the right of possession, use, income and disposal. There is no legal relationship with the original debtor.
(Wang only paid off the debt at the actual face value, and made no agreement on the fruits. Wang could not foresee that this lottery ticket could bear so many fruits. Traditionally, when the property right is transferred, the fruit of this thing will also be transferred together. After that, Wang lost ownership (possession, use, income and disposal) of the property, and Li enjoyed the right to income).
Based on:
Article 1 16 of the Property Law stipulates that natural fruits are obtained by the owner; If there is both the owner and the usufructuary right holder, it shall be obtained by the usufructuary right holder. Unless otherwise agreed by the parties, such agreement shall prevail. Legal fruits, if agreed by the parties, shall be obtained in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be obtained in accordance with the trading habits. This is the property law on the ownership of fruits. In the property law, the things or rights that produce fruits are called original things, and fruits are divided into natural fruits and legal fruits. Natural fruits refer to fruits and animal products produced according to the natural growth law of materials, and legal fruits refer to interests, rents and other income obtained from legal relations. This legal relationship can be caused by legal acts, such as the rent generated according to the lease contract, or by legal provisions, such as the claim for delayed interest generated according to the liability for breach of contract in the case of delayed performance.
The significance of distinguish that original from the fruit lies in determine who owns the fruit. According to the above provisions of the Property Law, the right to collect natural fruits belongs to the original owner in principle. However, if there is a usufructuary right holder, then the usufructuary right itself is the real estate or movable property owned by others, and enjoys the right to possess, use and benefit according to law. Nature and natural fruits shall be obtained by the usufructuary right holder. In addition, the parties may also specify the ownership of natural fruits. Regarding the acceptance of legal fruits, if the parties have an agreement, such agreement shall prevail. If there is no agreement or the agreement is unclear, it shall be obtained in accordance with the trading habits.