The validity of the contract is questioned.
Lao Li is 8 1 year old, and his house is located in the center of Changsha, covering an area of more than 80 square meters. He spent more than130,000 in his early years, but later it rose to nearly 600,000, but he sold 290,000 at a low price of 20 12. On June 20 13, my son Li Jun asked for leave to go back to his hometown in Changsha and found that the real estate license was missing.
"The house has been transferred to someone else's name, but only 65,438+10,000 yuan has been paid." In August of 20 13, Li Jun took the buyer Zhang Lin to court, demanding to get the house back. Meanwhile, Li Jun also took his father to the hospital for examination, and the old man was diagnosed with Alzheimer's disease. Later, the court entrusted the judicial expertise center to make an appraisal, and found that the elderly currently have limited capacity for civil conduct and should not make decisions that are inconsistent with their intelligence.
The court responded that:
If there is a major misunderstanding, the contract can be cancelled.
On may 2014 16, furong district people's court made the first-instance judgment. Considering Lao Li's mental state, the purchase contract between the two parties has a major misunderstanding and should be revoked.
In this regard, Zhang Lin refused to accept and appealed to the Intermediate People's Court. 2065438+In May 2005, the court made a final judgment and upheld the original judgment. After losing the case, Zhang Lin filed a counterclaim, demanding that Lao Li return the first house payment of 65,438+10,000 yuan and pay the liquidated damages of 65,438+10,000 yuan. 20 16 10, furong district people's court held that both parties were at fault in signing the contract, and the degree of fault was roughly the same. Lao Li should return the down payment of 654.38 million yuan paid by Zhang Lin, and other expenses will not be supported. (The names in the text are all pseudonyms)
Restrictive actors should make relevant identification as soon as possible.
According to the latest General Principles of Civil Law, a person with full capacity who has reached the age of 18 can also be regarded as a person with no capacity or limited capacity after being recognized by the court because of mental and intellectual disabilities.
Lawyers said that if there are adults in the family who can't identify or fully identify their own behavior, they can apply to the court for identification of their civil capacity, which is of great significance to prevent losses caused by major civil acts such as signing contracts and disposing of real estate in this case.