The Supreme People’s Court releases the 30th batch of 6 guidance cases
Recently, the Supreme People’s Court issued the 30th batch of 6 guidance cases, mainly for civil contract related cases, to trial similar cases at all levels of the people’s courts.
Guidance Case No. 166 "Beijing Longchang Weiye Trade Co., Ltd. Contract Dispatants" Malicious is obvious, serious violations of honesty credit do not fulfill the agreement, the people’s court requests whether to reduce whether the request to reduce the breach of contract in the liquidated contract lawsuit.
This case is based on the principles of fair principles and honest credit principles. The people’s court may not adjust the liquidated damages, and to effectively prevent the parties to avoid the implementation, "false reconciliation, true escape", protect the legitimate interests of the agreement, and guide the parties. Trustworthiness has positive significance. Instructional Case No. 167 "Beijing Datang Fu Co., Ltd. V. Shandong Baifu Logistics Co., Ltd. Traffic Contract Dispatants" An additional creditor that is not actually cleared, and the people’s court shall support it.
This case explains the premise of subrogation litigation main creditor’s debt destruction is the relative people actually fulfilled their clear obligations.
When the relative person did not actually perform a clear obligation, the main debtor claimed another lawsuit against the debtor without constituing repeated litigation.
The case established this referee rules to implement the relevant provisions of the People’s Court to implement the Civil Code, which has important significance correctly. Instructional Case No. 168, "CITIC Bank Co., Ltd. Dongguan Branch, Chen Zhihua and other financial loan contract disputes" The creditor claims the mortgage contract to bear the responsibility of breach of contract within the value of the collateral, and the people’s court shall support it. And clarified that the mortgage authority has failed to register that the mortgage is registered, and the compensation responsibility of the mortgress will be reduced accordingly.
The case solves the problem of mortgage and mortgage in the current trial practice, causing the right to mortgage, whether the mortgress should take responsibility and how to take responsibility and other legal applications. Guidance Case No. 169 "Xu Xin Chamber of Business Bank Co., Ltd. Shanghai Yanxi Branch Bank Card Dispute Case" Reduced loss liability, the issuance of the card does not provide evidence that the cardholder violates the information to properly keep the obligation, only with the cardholder identification information and transaction verification information, the people’s court does not support it. This case has guiding significance for the people’s courts to determine the risks and responsibility sharing of the network stolen brush, and to standardize the behavior of the credit card, guarantee the security of bank card transactions, and maintain the legal rights of the cardholders have positive effects. The Housing Lease Contract Correction Case and Housing Rental Contract Correction of Rao Guo Zuo Zuo Property is clearly signed by the parties. Although it is a administrative regulation, it has been identified as a dangerous house to be demolished. The business hotel that may endanger unordance to endanger the unfivight public and property is clearly damaged the public interest, violating the public order, and thus should be invalidated according to law. The referee rules confirmed in this case are in line with the spirit of the Civil Code and the "Jiubin Association" spirit, which is conducive to regulating the order of the building rental market, reducing the dangerous house to the rental market, avoiding major people and property damage accidents, and guiding contract parties and social public Compliance with laws, administrative regulations and rules and regulations in civil activities and daily lives, honestly and trustworthy in accordance with the law, carrying forward the socialist core values ??and the kindness of the guiding significance.
Instrumental Case 171 "Zhongtian Construction Group Co., Ltd. Zhidong and the Construction Project Construction Construction Construction Contract Convention" It advocates that it is construed as the contractor to exercise the construction project priority to the contractor during the construction project price. The contractor exercises the priority of the construction project by the contractor’s prosecution exceeds the defense period, and the people’s court does not support it.
This case has guiding significance for the people’s court to accurately grasp the exercise of the premiere of the construction project price. related news: .