"As we all know, according to the General Principles of the Civil Law, the debts arising from civil law disputes can be mainly summarized into four categories: debts for tort, debts for breach of contract, debts for unjust enrichment, and debts for management without cause......

Feng Jianxiong was vertical and horizontal, and talked eloquently in public.

Although these words are understood by every law student, it is refreshing to say them in court. Because it is rare for people to argue in court with this kind of general theory, which is more inclined to academic reason.

Therefore, although everyone knows that Feng Jianxiong is right, they don't know which direction he will land in the future.

If it's just air-to-air, and there is no way to put it into judicial practice, wouldn't it be a dragon gate array?

"Brother Lu, what is infringement...... Anyway, it's those four kinds of debts? Why can't I understand?" A rookie female reporter in the audience who had already asked Xiaobai's question just now had to ask her senior colleagues in a whisper.

"Stupid! still come to the legal version at your level?" The guy called Brother Lu was very disdainful, but he also lowered his voice and replied patiently,

"For example, if I hit you with my car, or my dog bites you for no reason, I want to compensate you, which is called a tort debt.

I have a contract with you to buy a house/car, and I am in breach of contract, and I have to pay liquidated damages, which is called the debt of breach of contract.

I picked up your wallet, and I picked up the gold, so I should pay you back, which is called the debt of unjust enrichment.

I am a neighbor with you, and in the winter, I saw that your dilapidated house was about to collapse with snow, and you were not at home, so I prepared tools and took the time to shovel the snow on the roof of your house at my own expense. When you come back and ask you for tool money and labor fees, this is called the debt of management without cause.

I'm not necessarily precise, it's for the sake of plain understanding, and that's pretty much it. The liability for debts recognized in civil law can basically be classified into these four categories. ”

The rookie female reporter thought for a while and asked, "Then what did Feng Jianxiong want to do with his defense just now?" It's just that from this kind of mistake to that kind of mistake, should you still have to pay for it? What's the use?"

Thinking about it like this, many onlookers who didn't quite understand the trick and ate melons had their expectations for Feng Jianxiong dropped suddenly.

Speaking of which, it is also admitting mistakes! It is nothing more than changing from this mistake to that mistake! What is there to see about this!

However, insiders look at the doorway.

Some keen people have already smelled a hint of danger.

Brother Lu, who was asked just now, made up for it in his mind, and immediately pointed out the new mistakes around him with disdain: "You know what a fart! If Feng Jianxiong can characterize the damage as a 'debt for breach of contract,' then the final way to deal with it will absolutely not exist in the form of 'formal apology'! You have looked through the general principles of the civil law, the detailed rules, and the "Contract Law", where have you ever seen a breach of contract and still have to apologize?

Apologies are only applicable to tortious debts! I need to apologize to you only because I have hurt you. I did business with you and defrauded you, and if I was found out, I just lost money, and I have no moral obligation to apologize! Don't think that 'apology' is very casual, in civil legal relations, this thing is bound to infringement. If you pick up the money, there is no such thing as an apology when it is found out.

Only for infringement, an apology can be requested, and a request can be made to 'cease the infringement' or 'restitution'. If you breach the contract, for example, in the rental contract, it is written that the tenant is not allowed to decorate by himself or destroy the original design, but the tenant is destroyed. The landlord can write a request for restitution in the appeal, but the tenant has to fight for a tone and does not reply, and you can't do anything about it. At most, he was sentenced to terminate the contract, move out, and lose money, and then the landlord took the money and went to renovate the house to its original state. ”

The new female reporter thought about it and suddenly realized: "Then you mean that Feng Jianxiong intends to 'admit the breach of contract, but refuse to repent and insist on continuing the infringement'?"

"It cannot be called 'insisting on continuing infringement', at most it can only be called 'insisting on continuing to breach of contract'. Lu Ge corrected.

……

The whispers of the melon-eating crowd below became louder and louder, causing Judge Wang H to have to maintain order many times.

However, Feng Jianxiong's analysis of the scene gradually became clear, outlining his intentions entirely.

Therefore, in this case, our party's debt to Apple can undoubtedly be summarized as 100% of the debt for breach of contract. That is, when our party bought and used the mobile phone, he clicked 'agree to the user agreement', and then violated it, which also caused some consequences, which we are blunt about.

However, since it is a debt of liability for breach of contract, we have the right to choose to continue to breach the contract in accordance with the law and bear the consequences of the default. As long as a person is willing to bear the liability for breach of contract, it is also a sacred right granted by the law to insist on breaching the contract. Otherwise, where does the concept of 'absolute right in property and relative right of creditor's right' come from?

THE IPHONE-3GS MOBILE PHONE WAS PURCHASED BY MISS MA HESHA WITH MONEY, AND SHE HAS THE ABSOLUTE PROPERTY RIGHT TO THE MOBILE PHONE, AND SHE ALSO HAS THE COMPLETE RIGHT TO POSSESS, USE, BENEFIT AND DISPOSE OF. Any way she uses this phone, any behavior pattern, should be decided by her. As for the violation of certain contractual relationships in the process, it would be good to investigate the liability for breach of contract!"

When the topic was debated here, Du Qiuming found that it had risen to the level of "absolute right to property rights and relative rights of creditor's rights".

Relatively speaking, here, property rights are a kind of domination rights. The mobile phone was bought by Ma and Sha, and she can use it however she wants.

Creditor's right is a kind of claim. When her actions constitute a creditor's right, the creditor can only request her to fulfill the debt. However, how to perform and what mode to perform, the right to choose is still in the hands of the owner of the real right, the absolute right holder, the person with the right to control, the horse and the yarn.

The words he had said a million times when he was studying for a law degree, but had never been used from this perspective in twenty or thirty years of litigation, had become so vivid at this moment.

You must know that Du Qiuming has been in litigation all his life, and the most occasions he has encountered to distinguish and analyze real rights/creditor's rights are nothing more than the classic models of "one house and two sales" - A first signs a house purchase contract with B, and then C signs a house purchase contract. Even the money was paid by B first, but A transferred the house to C, so B had no choice but to admit it. B cannot force the transfer of C's house back, but can only accept the claim of asking A for liquidated damages.

In the years when housing prices skyrocketed, the absolute right of property rights and the relative rights of creditor's rights were vividly interpreted by these "one house and two sales", which were the transactions of these irreplaceable specific things.

However, in the field of movable property rights, especially in the field of movable property that can be mass-sold, generalized, and standardized, such a law is hardly invoked.

In the final analysis, the house is unique, the house type, area, and location are unique, and after being defaulted, it is impossible to get an absolutely identical house to pay off the debt.

However, Apple mobile phones and electronic products are highly standardized and mass-marketable. The property right of a mobile phone has been violated, and it will be okay to replace it with an identical one, or even a new one?

It is precisely because movable property, especially electronic product movable property, has a strong substitutability of property rights, that there is a gap in research and judicial practice in this area, and no one has thought about the gap between contention and debt.

However, today Feng Jianxiong is fighting, and it is from such a rare and tricky angle, but it is very legitimate.

In other words, even Apple's use of such a hypothetical and extreme behavior model to solve the problem is legally more appropriate than today's lawsuit: for example, Apple wants Ma and Sha to stop infringing, in fact, they can send someone to smash Ma and Sha's mobile phone, and then respectfully ask that person to pay Ma and Sha money and compensate for the material loss of the mobile phone.

THEN, WHEN MA AND YARN TAKE THE MONEY AND GO TO VARIOUS APPLE CHANNELS TO BUY IPHONES, FIND A WAY TO INVISIBLY BLOCK THEM AND PREVENT THEM FROM BUYING THEM (OF COURSE, MA AND YARN CAN STILL BUY SECOND-HAND, AND FIND SOMEONE ELSE TO COME FORWARD TO BUY ON BEHALF OF THEM, IT IS ESTIMATED THAT THEY CAN'T BE BLOCKED). If Apple did that, it would be legally reasonable.

Unfortunately, it can't be realized.

……

"Holding a broken mobile phone, fighting for the tone of 'absolute property rights and relative rights of creditor's? This Feng Jianxiong can really cause trouble. Should this reason be accepted? In judicial practice, there is no precedent for this. ”

Judge Wang H fell into deep thought.

He organized some debates between the two sides on the application of the law, and Du Qiuming and Feng Jianxiong naturally fought-for-tat, and said that the reporters in the back field couldn't understand it at all, even if they were from the legal version.

Judge Wang H felt a splitting headache and asked again during the trial to confirm whether the parties were willing to accept mediation, and at the same time, adjourned the court for 15 minutes for the parties to communicate with their parties for instructions.

This approach is no problem, after all, civil cases are allowed to mediate, some difficult, unprecedented facts, if the two parties can reach an agreement and settle on their own, it would be better. (Except for personal relationship issues, which are not allowed to mediate, nor are they allowed to admit themselves.) For example, if it is required to confirm who is the father and who is the son, or whether a man and a woman have a husband and wife relationship, this kind of case cannot be mediated and self-admitted, and evidence and facts must be presented. ）

Du Qiuming, for his part, immediately made some phone calls to Mr. Lamond. The other party also seems to realize that the problem is getting more complicated, and is relieved about the already unnecessary problem of losing money.

"Dear Presiding Judge, we are willing to accept mediation – as long as the defendants also accept mediation, we can even give up their claim for financial compensation, as long as they apologize and stop the infringement. ”

Feng Jianxiong didn't think about it and went back: "This is impossible! We have to insist on breaching the contract! Even if the loss of money is raised, as long as you calculate how much you should match, let the horse come." But it is impossible not to continue to breach the contract! We have the sacred right to breach the contract according to law!"

"Defendant's agent, please pay attention to your attitude!" Judge Wang H was also a little angry.

What kind of person is this Feng Jianxiong! Why is he so stubborn and arrogant to say that "words don't count, there is no integrity"?

Eh, by the way, there is a general outline of the General Principles of the Civil Law that "all civil acts shall be based on the principle of good faith". Feng Jianxiong is so arrogant, can he be regarded as violating the principle of good faith or signing a contract in bad faith...... No, you have to organize the wording......

Let's look at the opinion of the leader, which party in this case can't be offended.

In the adjudication of domestic cases, especially major cases, the outcome of the oral statement in the court is not the decisive factor after all, but depends on the influence of the case.

Since he is a man who carries the pot, he will finish the last pot well, and maybe the end will turn around.