Chapter 234: Validity of Evidence (3)
However, the premise of this is that the judge is willing to ascertain ex officio, and some judges will not investigate the unit that issued the certificate when they encounter such a matter, but will use their own professional experience and combine the relevance of the evidence, that is, they will use the high probability standard to analyze each of the three characteristics of the evidence, so that they will come to the conclusion that the judge thinks is clearer and closer to the objective and true judgment.
However, because the judge will only reflect the basis of her judgment in the judgment, so the party does not know that the evidence obtained by him has been excluded, so Huang Yixi's behavior is not
More in one fell swoop, but it is very necessary.
Director Chen thought for a while, then asked the person in charge to fill in as Huang Yixi requested, and walked out of the office, Huang Yixi was about to leave, but was stopped by Director Chen who followed him in the corridor, "Lawyer Huang, are you free now? ”
Huang Yixi looked at Li Hongxia, who had been absent-minded from just now to now, when she came out in the morning, she had told Li Hongxia that she would complete the proof first, and then go to the neighborhood committee, but she had been absent from just now, and I don't know if she was afraid of coming here.
As soon as Li Hongxia heard that Director Chen was going to talk to Huang Yixi, she immediately looked at them with wide eyes, Chen Zeyi was also a human being, and immediately declared, "It has nothing to do with your case, it's something else." ”
Li Hongxia was in the middle of it, "In that case, I'll go back first, how about we go to the neighborhood committee in the afternoon?"
When she was about to go out in the morning, Chen Lihua kept hinting at her and asked her to find an excuse not to go to the neighborhood committee first, she never thought of any excuse, and now Chen Zeyi just gave her a ladder to go down.
Although Huang Yixi felt weird, she didn't study it in detail, and after Li Hongxia left, Chen Zeyi welcomed her to his office.
After Huang Yixi drank the first cup of tea, Chen Zeyi told him about leaving Huang Yixi down.
Chen Zeyi is not from Baishuizhou, his home is in a first-tier city, his family is also there, and his wife teaches at a university.
A few years ago, he had bought two houses, and in order to circumvent the purchase restriction policy after the purchase restriction policy came out, he bought a house in the name of Chen Zeyi's mother, and his father passed away in the middle of this year, Chen Zeyi wanted to transfer the house to his own name, but he didn't expect his brothers and sisters to give up the inheritance of the house without signing.
In recent years, with the rise in housing prices, the government has introduced a series of purchase restriction policies such as "National Ten Articles" and "National Five Articles", some of which stipulate that "each family can only buy one new commercial house"
Subsequently, the central government was able to uniformly implement the basic purchase restriction order in 40 key cities designated by the Ministry of Housing and Urban-Rural Development: in each city, local household registration and households with residence permits for talents are limited to a maximum of two houses, non-residents and foreigners are limited to a maximum of one house, two purchases must be separated by more than two years, and companies are prohibited from purchasing houses.
However, these are for the first and second tier cities to introduce purchase restriction policies, and the people of Baishui Prefecture are not very related, Baishui State used to have no purchase restrictions at all, many locals in the hands of one or twenty suites are not excessive, until this year a family can also buy a third suite, but the third house and above the third house need to be paid in full, no loan.
In fact, there is still a lot of room for operation in this kind of non-loan, such as using all the resources in their hands to take out loans, on the surface, the third house does not enjoy the preferential policies of housing loans, but the local tyrants do not care about these, and secondly, if the third house is paid in full, there are often preferential discount provisions, but it is not necessarily a loss.
"Is there any evidence that you bought it, such as a transfer record or a written agreement?"
Huang Yixi thought that the other party was just consulting and didn't care.
"There is a record of the transfer, and the mother's confirmation. ”
Chen Zeyi frowned, "But my brothers and sisters don't admit this fact." ”
"They can deny this fact, and leave aside the fact that you bought the house in your name, legally speaking, the house is the joint property of your parents, and after your father's death, half of the house belongs to your father's estate, and you include you have five brothers and sisters, right? ”
Chen Zeyi pulled his hair annoyedly, "Even if I make up an agreement with my mother to buy a house in my name now, can't I?"
Huang Yixi didn't say dead, "Of course, the more evidence, the better, but you can also imagine the reason of your brothers and sisters, even if the money was paid by you alone, but they will say that you bought the house as a gift to your parents, and now your father is dead, and your mother is partial to you, so you say so." ”
With the judicial interpretation of the "Marriage Law" more and more, the idea that it is difficult for Qing officials to decide family affairs has changed, but many people are still in family life, still not used to writing clearly in black and white, not long ago, Shang Luoyu represented a divorce case, when the judgment did not take effect, the woman's mother died unexpectedly, and her estate was divided by half of her ex-son-in-law.
Chen Zeyi transferred the house money to his mother at that time, and when his parents were there, he did not prove that it was a personal property donated to his mother, then, legally, the property should belong to his parents, and after Chen Zeyi's father passed away, half of the house should be used as Chen Zeyi's father's personal inheritance.
Chen Zeyi didn't believe it, "You mean that after my father leaves, as long as he doesn't clearly specify who inherits the house, then it will be inherited in the order of inheritance law." ”
Huang Yixi nodded.
Chen Zeyi didn't believe Huang Yixi's words, in fact, he also consulted other lawyers, "But how did I hear that the property donated by children to their parents, and the property registered in the name of one party in the marriage is the personal property of one party?"
"There are many legal issues here, and some judges think that the provisions of the third judicial interpretation of the Marriage Law that you are talking about, which are for the divorce of husband and wife, are different from the inheritance law. ”
The Marriage Law has issued several judicial interpretations in succession, and some people believe that the Inheritance Law should also be changed accordingly, but the Inheritance Law is not cohesive, resulting in different views among legal professionals.
Because there was no burden of agency, Huang Yixi also comforted the distressed person in front of him as soon as possible, "Judging from the evidence, it is still very beneficial to your side, so communicate with the judge." ”
"Can't you apply for arbitration? don't do it with me, find a city to do arbitration, you know ......."
"Arbitration requires that you can reach an arbitration agreement in advance or now, and in my personal opinion, it is more difficult. ”
Huang Yixi understands his concerns, he bought the house to avoid the purchase restriction policy, and both husband and wife are people with status, but she told the truth, from Chen Zeyi's words, she could hear that he and his brothers and sisters were very stiff, otherwise they would have negotiated, and one party would make some concessions and settle the matter early.