Chapter XVI: Adverse Encroachment

Seeing Ni Zhihui get up, Ning Xiaoli and Xiang Qu Right hurried over. Pen, fun, pavilion www. biquge。 info Ni Hao stood up and grabbed Ning Xiaoli: "Don't go, I want you to accompany me." Ning Xiaoli blushed, looked at Ni Zhihui and said, "Mr. Ni ......" Ni Zhihui smiled: "Xiaoli, I'll go alone, and the three of you won't go, just stay here with the young master, and don't leave a step." Ning Xiaoli said: "This, Mr. Ni ......" Manager Du was grateful to Ni Zhihui at the moment, desperate, anxious to perform, and rushed to say: "Secretary Ning, with me accompanying Mr. Ni, this is our home, our territory, rest assured." Ni Zhihui said: "Let's go." Ni Hao said: "Sister, I still want to go out to play after eating." Ni Zhihui smiled: "Okay, just let a few of them accompany you." To Ning Yan and the others, he said, "You three take care of the young master." ”

Watching Ni Zhihui and Manager Du leave, Ni Hao pulled Ning Xiaoli: "Come, sister, sit down." He said to Xiang Zuo and right: "Sit down, accompany Ah Hao to eat and drink." Then he cried out, "Cup, cup!" The waiter hurried over and merged the two tables into one. Ni Hao raised his glass and said loudly, "Cheers!" ”

The conference room of Ni's Nanning Company was full of men and women.

Ni Zhihui sat in the center. Manager Du glanced at the venue and said respectfully: "Mr. Ni, everyone is here." Ni Zhihui snorted and signaled to start. Manager Du stood up and said loudly: "Comrades, today Mr. Ni made a special trip from the Shanghai head office to inspect, guide and supervise our work on the current public green space project of our Nanning company. Next, I would like to ask Mr. Ni for instructions. ”

Applause rang out.

Ni Zhihui glanced at it and said with a smile: "Today, the company's senior management, the project department, and the legal department were gathered together for a meeting, and the company's legal counsel was invited, which is unconventional. Everyone must have thought it strange in their hearts. The conversation changed: "Special affairs." Everyone knows how important this project is to us and how tight the time is. Therefore, I will meet two sessions and one meeting to reduce the intermediate links of uploading and disseminating, first, to improve execution, and second, time waits for no one. Without further ado, let's get down to business. Next, I will arrange the work directly, and if there is a problem, I will mention it directly, on the spot, and implement it immediately after the meeting. ”

Ni Zhihui took a sip of tea and said: "First, the project department, notify all the demolition households early tomorrow morning, remember, one by one, just say that we are ready to give up this project." Where a demolition compensation agreement has already been signed, enforcement shall be terminated and the issuance of all demolition funds shall be stopped. Where a demolition compensation agreement has not been signed, it is no longer signed. As soon as these words came out, the venue was in a commotion.

The manager of the project department stood up and said, "Mr. Ni, does the head office really want to give up this project?" Ni Zhihui said: "What do you think? The project manager hesitated. Ni Zhihui smiled and said, "If you have something to say, just say it." The project manager said loudly, "No." Ni Zhihui said loudly: "Okay, it's good to know, not only will you not give up, but you are bound to win!" After a pause: "Your project department is responsible for the implementation." The manager of the project department said: "In this way, the demolition households are bound to investigate our liability for breach of contract, as well as the reaction of the government and the public, which ......" Ni Zhihui smiled: "Okay, the problem is here." How can the demolition households hold us accountable for breach of contract? Lawyer Qin, lawyer Zhang, the two of you are the company's perennial legal counsel, you can be said to be your own people, you guys. The two lawyers glanced at each other, and Lawyer Qin said, "They will follow the civil litigation route to investigate our liability for breach of contract." Ni Zhihui smiled: "Okay, I'm not afraid of them sueing, I'm afraid they won't sue." "Lawyer Qin said: 'Mr. Ni, you are ......"

Ni Zhihui said: "Manager Du, you find a law firm privately, let them take the initiative to find the demolition households, try to contact all the demolition households, and say that they will provide them with free legal aid and let them sue us." As for the lawyer's fees, we will pay for them. Manager Du's eyes widened, and he couldn't believe his ears: "Mr. Ni, are you saying that we will pay our own money for others to sue us?" Ni Zhihui smiled: "Yes, you are responsible for the execution, be fast." Contact the law firm tonight, and wait for the project department to notify the demolition households tomorrow, so that their lawyers will go to the demolition households. ”

Lawyer Zhang said: "Mr. Ni, we don't understand what you mean. Ni Zhihui smiled: "Okay, now the mystery should be revealed." Glancing at everyone, he said slowly, "What is the problem we are currently encountering?" A demolition household, remember, one, just one, the owner cannot be contacted, there has been no news for 20 years, the tenant is unwilling to move, and has no right to dispose of the owner's property, this problem, on the surface, seems to be unsolvable. Right? Lawyer Zhang nodded and said, "Not bad." ”

Ni Zhihui took a sip of tea and said word by word: "Encroachment against the right." ”

There was silence in the room. Everyone was talking: "What is adverse encroachment?" Ni Zhihui clapped her hands and said loudly: "Let's be quiet, let Lawyer Qin tell you what is adverse encroachment." ”

Lawyer Qin said: "The so-called adverse encroachment refers to the fact that after the non-owner of the real estate continues to occupy the other party's land or real estate for more than a certain statutory time limit without the consent of the original owner, the time limit for the original owner to sue will be terminated, and the occupier can become the legal new owner of the land without paying any price." The Adverse Encroachment Ordinance mainly punishes some reckless landlords who do not collect rent or even turn a blind eye to the fact that their premises or land are occupied by a third party. If the main tenant has searched for the landlord and posted a missing person notice, but cannot find it, the tenant can apply to the court for adverse possession. After the judgment, you can become the legal owner of the property. With the right comes the obligation, and the tenant must bear the rates of the unit and the cost of building maintenance during the period of the landlord's disappearance. This period is generally twenty years. Speaking of this, he stopped and said to Ni Zhihui: "However, this is a common law concept, and there is no provision in my country's law, and there is no judicial precedent. ”

Ni Zhihui said: "If Chinese law has this provision, then the nail household we encountered, the old couple, is eligible for prosecution?" Lawyer Zhang said: "First, they have been renting for more than 20 years, and second, the landlord has not heard from them for more than 20 years; Thirdly, they have always paid the property fee and maintenance fee. ”

Lawyer Qin said: "But there is one main problem, that is, the old couple does not want to take the property for themselves, and they will not file this lawsuit. No other person is qualified as a plaintiff. ”

Ni Zhihui smiled: "Okay, that is to say, there are two problems, first, my country's law does not provide for adverse right embezzlement; Second, a person with the standing as a plaintiff does not file a adverse misappropriation lawsuit. After a pause, he said, "Let's talk about the second question first." That's why we're going to sue ourselves. We're going to put ourselves in the dock, and that's when we can go to court and we're in breach of contract because we're going to give up on this project, and we're going to give up on this project because we're going to have this nail in the eye and we're going to have to give up. It is now a society governed by the rule of law, and our company has always been law-abiding, so we fully respect human rights, and we had to abandon this project, and we suffered a huge loss for it. At this time, we can ask the court to list the nail household as a third party, a third party without independent claims. Isn't that nail household reluctant to file a lawsuit? In this way, they are passively involved in the lawsuit, they can not sue, but they cannot not not be sued. ”