Chapter 382: Life and Death Marriage Case (II)
Cao Yun planned to go directly to Ling Hulan's house for dinner. Ling Hulan lives in a rich area, a villa, but the villa is not big, covering an area of less than two hundred square meters. However, the taste and style of the villa is special. Not to mention anything else, other people's villas want to build swimming pools, which are generally dug in the backyard. Linghulan's pool is on the second floor.
On the second floor, a small half of the area is open-air, and a large half of the area is the master bedroom and study. The open-air area is a swimming pool, the area is not large, about 40 square meters. This is directly related to Ling Hulan's liking to bask in the moon without clothes. The good thing about this villa is that it is located in a high place, unless it is through aerial means, no one can see her even if Ling Hulan is basking in the sun.
It was Ling Hulan's husband who received everyone, that's right, Ling Hulan has a husband. Linghulan's husband is polite but doesn't seem to be sociable, he likes outdoor sports, basketball, mountaineering, wilderness survival, etc.
To receive customer needs, Ling Hulan changed into formal clothes and went downstairs to invite everyone to sit at the dining table. She wasn't working from home, but the law firm was being renovated, which is why she recently traveled abroad.
The four of them sat down and asked Hulan's husband to bring tea. Ling Hulan politely thanked everyone, which surprised everyone. However, without asking deeply, Cao Yun assisted Kameda to explain the situation concisely.
Ling Hulan asked, "Can you find the girl you talked to with Mr. Kameda?"
Kameda replied, "The private investigator helped me find her address, but she just got a phone call and someone gave her a sum of money to seduce me." She was a girl in this business, and she didn't refuse, nor did she ask deeply. ”
Ling Hulan: "There is nothing wrong with this case, if Mr. Kameda is willing to believe me, he will sign this power of attorney." 300,000 yuan risk entrustment, if the other party can get any real estate from you through the guarantee, I will not accept a penny. The content of the entrustment is purely the terms of the letter of guarantee, and we have another fee standard when it comes to the cash and other issues of the divorce...... The cost will be higher, and we will try to help the employer to fight for the benefit as much as possible. ”
"It's totally fine with the money. Kameda was so pleased that he asked for an immediate signature. Ling Hulan explained the terms, and then handwrote the fill-in-the-blank printed power of attorney, and both parties signed, and the process took only one minute.
Cao Yun waited for the formalities to be completed, and asked, "Lawyer Lan, why are you so sure about this case?" and the fee is so low. 300,000 is the threshold for Linghulan, and it is usually a matter of throwing your hands. Is this case easy? Not only is it not easy, but it takes a lot of time to investigate and collect evidence.
Ling Hulan: "This case seems to be divided into two parts, the first part is whether the terms of the guarantee are valid. The second part of ABCD how to divide the four shops. If the conditions of the guarantee cannot be established, then there will be no second part. ”
"Huh?" The first part is very troublesome, okay.
Ling Hulan looked at Cao Yun and smiled: "You look so cute dumbfounded." Let's look at this clause: If the woman is not at fault, if the man takes the initiative to ask for a divorce or the woman takes the initiative to ask for a divorce, the other party must agree, and after the divorce, Kameda must hand over the two prime shops to the woman as compensation. ”
Cao Yun: "And then?"
Ling Hulan spread her hands: "This clause has no contractual effect because it is illegal. ”
"Huh?" the three men's eyes widened, what the hell?
Ling Hulan nodded: "The Marriage Law stipulates that the marriage system of freedom of marriage, monogamy, and equality between men and women shall be implemented. No one may restrict this right of the resident in any name. The setting of legal conditions for the purpose of divorce is not protected by law. The problematic thing in this clause is this sentence: to request a divorce, the other party must agree. This sentence violates the marriage law, so this article is invalid. ”
Watts? That's it? Cao Yun suddenly felt super small. Looking at other people's Linghu 300,000, the consultation fee for a few minutes will cost 300,000.
Ling Hulan said: "Sachiko's wishful thinking is very good, I guess she was not sure that she would be with Kameyama at that time." But whether you want to continue living with Mr. Kameda, or divorce and live with Kameyama, you first have to get your hands on the two stores. I was worried that I would be with Kameyama in the future, but Mr. Kameda didn't agree to the divorce, and she couldn't get the store, so she added one more cleverly: she had to divorce. ”
Ling Hulan said: "Here is also a reminder for couples who write prenuptial guarantees and the like. Terms such as the man's 'kitchen cabinet', the woman filing for divorce, and the man must agree to such clauses are not protected by law. ”
Yun Yin asked curiously: "Agreed: After the men's kitchen cabinet, the woman can ask the man to leave the house?"
Ling Hulan said: "You can ask and the other party must agree are two different concepts in law. The correct provision should be this: if either party has a cupboard, all the pre-marital private property of the two parties and the marital property after the marriage become the pre-marital private property of the innocent party. Divorce is one thing, property is another, and it is never to be confused. But there are pitfalls. ”
"Oh?" Cao Yun drank tea and studied.
Ling Hulan said: "If the man violates this clause, the man and the family are negative assets, then the negative assets may become the negative assets of the woman because of this clause." Assuming that they are all good lawyers, going to court will definitely be controversial because of this, and it is difficult to say who wins and who loses, and the judge needs to make a subjective ruling. Without regard to connections, judges are usually biased in favor of the innocent party. Therefore, in order to avoid trouble, this clause needs to be elaborated again, or the clause should be explained. ”
Cao Yundao: "Like the inheritance, the inheritance also inherits debts and creditor's rights. ”
For example, if your father dies and A owes your father 100,000 yuan, you inherit the inheritance and also inherit the creditor's rights, and you have the right to claim 100,000 yuan from A. Your father owes B a million, and you can't stop inheriting it just because it's a bad thing, you have to pay back B's million on your father's behalf. Suppose you only inherit 800,000 and the debt is 1 million, according to the law, you only need to repay 800,000, and the remaining 200,000 can not be repaid.
At the same time, another issue arises, inheritance tax. I originally inherited 1.1 million, but after deducting taxes, I only had 800,000 left, and the debt was 1 million, so how can I calculate it?
Suppose you inherit 1 million after tax, and you need to pay 1 million to person B and 1 million to the bank. According to legal theory, banks and individuals are at the same level, and the correct way is to repay 500,000 yuan each, and B and the bank will not be able to get back the 500,000 yuan. However, in practice, because the bank has the priority of the mortgage, it is usually given to the bank for one million.
Ling Hulan asked, "Where to ......?"
The husband put on a field camouflage uniform and carried a backpack: "The boy scout camp training, my friend invited me to come over as an instructor for three days. ”
Ling Hulan: "Oh, take care of yourself. ”
Ling's husband: "Well, goodbye, everyone. ”
"Goodbye. ”
Then he left, Cao Yun felt weird, but he was never married and couldn't express his opinion.
After Ling Hulan waited for her husband to go out, she said, "Don't worry, Mr. Kameda, I'll go back and ask the assistant to take the materials and talk to the other party." Now it's up to Mr. Kameda to see if he is willing to do some charity. ”
"What does charity mean?" Kameda didn't understand.
Cao Yun explained to Kameda: Are you willing to give 1 million or 2 million pocket money? If you do, in the lawyer's negotiation, the other party will choose to collect money because the lawsuit basically has no chance of winning. If you are going to win, why do you have to give one or two million? This is because of the problem of children, and it is better not to go to court.
Cao Yun explained here that Ling Hulan contacted his assistant. There is no need for her to take action in this kind of case, if it weren't for Cao Yun's phone call, Ling Hulan would not have received customers at home.
After a few more teas, the assistant lawyer arrived, and he and Kameda went first, and he needed to understand the situation thoroughly. The assistant lawyer is not aware of the situation because of the guarantee, he is concerned with the division of property. Although the real estate is saved, what about the cash? In the division of matrimonial property, many lawyers use a commission method, and the more excellent and murderous ones are based on the half-opening, and those outside the benchmark point are even charged as high as 20%. The client is also happy to work with such a lawyer.
……
Cao Yun looked at the sky, it was already dark: "Lawyer Lan, you don't plan to invite us to dinner?" He was very familiar with Ling Hulan, so he was embarrassed to ask.
Ling Hulan smiled: "I'll go get dinner." ”
After that, I went to the kitchen, and in less than two minutes, I came back with a basket full of various fruits.
Ling Hulan said generously: "Dinner, feel free." ”
Cao Yun laughed speechlessly.
Ling Hulan also smiled: "Otherwise, how do you think I can maintain such a good figure?" I'll help you order takeout." ”
Cao Yun said: "Don't call it, Yun Yin and I will go to the night market to eat crayfish." ”
Ling Hulan was shaken: "Night market, I really want to go." ”
Cao Yun grinned: "Let's go?"
Ling Hulan: "Let's go...... Or are you not leaving? What are you laughing at? I'm serious...... Let's go. ”
……
Yun Yin and Ling Hulan were not familiar with each other, and the two barely communicated. Yun Yin belongs to the type that does not take the initiative to get close to others. And Ling Hulan didn't look at Yun Yin's hairy ghost.
When I arrived at the night market, I found the old place to say hello to the boss, and the boss opened the back door for Cao Wanwan, who was generous in consumption, and temporarily added a table. The three of them sat on the mazar and waited for the barbecue, grilled fish, crayfish, sizzling squid, Fuding pork slices, spicy tang and so on to be served.
The food came up one after another, and Ling Hulan sighed: "It's good to be young." "She loves to eat, and she especially likes the food in the night market, but the problem is that she has to pay for her body.
In the end, Cao Yun discussed with the boss to get a few vegetables, shred and blanched them, and then add some chili oil. Ling Hulan is eating Chinese salad while sighing.
The topic of eating is the case of Daewoo Island.
Ling Hulan agreed: "That's right, you can't take the case." It is one thing whether He Ying has the ability or not, but He Ying's reputation is quite good. And He Ying is very promoted to juniors, which has a good reputation in the industry. The newcomers who have worked in Galaxy Law Firm have a high evaluation of He Ying. On the contrary, I think you made a mistake, if you didn't let Xiao Guo leave that sentence, He Ying would have thought of this. You let Xiao Guo stay that sentence, how could He Ying pull down his old face to listen to you. Strictly speaking, you have offended He Ying. ”
Ling Hulan: "But you are not He Ying's rival, Nangong Tengfei is He Ying's long-cherished enemy." Also, your opinion of Galactic and Cosmic Law Firm is a bit biased. Galaxy Law Firm is a subsidiary of Galaxy Law Firm, and the subsidiary has an independent legal person and shareholders, and the subsidiary naturally focuses on performance. The Universe Law Firm is a department under the Universe Headquarters, and they are more concerned with providing services. Those who focus on performance do not pay much attention to the victory or defeat of the lawsuit, but pay more attention to the speed, do not do well in many details, and do not provide the maximum benefit of the employer as much as possible. The universe, on the contrary, is service-oriented, preferring to receive less than to receive finely. As far as I know, the profits of Galaxy Law Firm in the year before last were ten streets away from the universe. Speaking of the universe, Bai Luo and you, huh?
Cao Yun didn't shy away from it: "I really spent some time paying attention to Bailuo, and as I guessed, I have no personal life at all." Every day is work, work, and work. I have some sympathy for her. "What if you have the wealth of the world with such a job? I don't even have the opportunity to spend it.
Ling Hulan: "Flame is qualitatively known?"
Cao Yun nodded: "The national punishment has been approved, and the Grand Alliance announced that because the Flame Merchants are suspected of gang crimes, the Flame Service has been removed from the shelves." Lawyer Lan, why do you care about these things?"
Ling Hulan: "Because this matter is very involved, I just came back yesterday and received the news that Sun Hai secretly returned to Dongtang the day before yesterday and held an unofficial board meeting at a director's house. Today is Sunday, and there should be big news announcements tomorrow. If you guess correctly, Sun Di will go home, and Sun Xueyi will officially take the throne. There is a big business opportunity here, Sun Xueyi has planned to lay off tens of thousands of people before leaving the galaxy. Once Sun Xueyi becomes the acting chairman of Galaxy, this plan will inevitably be promoted and implemented. This is a labor contract involving tens of thousands of people, compensation and other issues. ”
Cao Yun smiled bitterly: "It's a big business opportunity, but we can't seem to eat it." ”
Yun Yin couldn't help but interject: "Don't you think Sun Di is pitiful?"
"Pathetic. Cao Yun agreed, saying, "But he can't provide economic value, so I can only pity him." ”
Ling Hulan said in a low voice: "I heard a piece of gossip that Sun Di probably sold a core technology of the galaxy to Nebula or the universe a few days ago. ”
"Core technology?"
"Engine core technology. ”
Cosmos, Galaxy, and Nebula all have automotive industries, and they are all world-renowned brands. Last year, for example, Cosmos sold more than a million cars at its joint venture in Goyan. Nebula and Galaxy's cars in the High Rock joint venture aren't selling badly either. Each of the three car brands has its own focus, some focus on engine, some focus on comfort, and some focus on power.
If what Ling Hulan said was true, Sun Di sold his core technology to Nebula or the universe, then the galaxy would be miserable.
Taking Coke as an example, why are only two types of Coke from the Yankees popular all over the world? Gao Yan also appeared at that time, but it was not good to drink, so unpleasant. Coke is so common, with the help of modern technology, even the recipe list is printed on Coke, why can't it be copied?
Why are other people's engines so good, but we can't produce them? Wouldn't it be nice to take other people's engines apart and copy them? Of course, it's not that simple.
Speaking of which, automotive expert Yun Yin has something to say: "Impossible. ”