Late at night, Lin Shanruo is updating the legal story of the Superman Lawyer Gang. Pen, fun, pavilion www. biquge。 info

The Superman Lawyer Gang is a gathering place for Li Chao's fans, and Lin Shanruo spends twelve points of his mind looking at this back garden.

Lin Shanruo first picked a recent case and wrote a reverie name: his girlfriend said that the bride price was not enough, so he went to rob the bank The guy went with a hammer...

Then write out this ridiculous case word by word.

"If you don't have money to pay the bride price, then go and rob the bank." A joke from his girlfriend, the groom-to-be took it to heart. In the evening, he carried a hammer, walked into the ATM room, and smashed it towards the ATM.

Xiao Luo, 26 years old this year, is about to usher in a great joy in his life: as long as he gives a bride price, he can marry his girlfriend. But his savings for many years and his parents' family background only made up more than 60,000 yuan, which was 10,000 yuan short of the bride price proposed by his mother-in-law, which made it difficult for him.

In the past few days, Xiao Luocha didn't think about eating, and stepped through the door of his relatives' house, but he couldn't get together the money.

On the 4th, in desperation, Xiao Luo found his fiancée Lingling, hoping that she could persuade her parents to reduce the bride price a little. Unexpectedly, Lingling not only comforted Xiao Luo, but also ridiculed Xiao Luo for "knowing how to pretend to be poor" and "what do you want to marry if you have no money".

Before leaving, Lingling threw down a cruel sentence and asked Xiao Luo to hurry up and "rob the bank".

The sad and sad Xiao Luo borrowed wine alone to kill his sorrows. Lingling's words pierced his heart deeply. Thinking that he was desperate anyway, he simply went to "rob the bank", at least let Lingling see her guts.

After going home and getting a hammer, Xiao Luo came to a bank near Huluo Zhongnan Avenue.

It was past 8 p.m. and the ATMs were rarely used. With the strength of the wine, Xiao Luo raised the hammer and smashed it hard, and the screen of the ATM shattered to the ground. It's not fun, and after continuing to smash, Xiao Luo rang the alarm.

When the police of the Huluo Police Station found Xiao Luo, he sat down in front of the ATM and cried loudly. Fragments of the screen were scattered on the floor. Xiao Luo shouted: "I'm coming to rob the bank, arrest me quickly." ”

In the police station, Xiao Luo gradually sobered up, and he regretted his "bank robbery".

Not only did they not "grab" the money, but they also had to compensate for the loss of the bank's ATM. At present, Xiao Luo is under public security detention by the public security organs on suspicion of picking quarrels and provoking troubles and intentionally damaging public and private property.

Lawyer Superman tells you:

Legally, Xiao Luo's act of smashing ATMs may generally be suspected of theft or intentional destruction of property.

From the perspective of the crime of theft, the perpetrator is required to have the subjective purpose of stealing property, but it is obvious that Xiao Luo has no intention of doing so. He vented his anger after drinking, so he smashed the ATM machine in anger, and then took the initiative to call the police.

The damaged ATM machine is currently being evaluated, and after the results are known, he will be criminally detained in accordance with the law for further processing.

After writing this article, Lin Shanruo made another analysis of the two cases recently represented by Zhengyang Law Firm.

The brother signs the loan on behalf of the brother and the brother is not responsible for the entrustment

Case:

Yang Daming and Yang Xiaoming are two brothers. On November 21, 2014, Yang Daming called his friend Zeng Xiaomi to borrow 50,000 yuan.

Subsequently, Yang Xiaoming found Zeng Xiaomi and took the loan of 50,000 yuan. And wrote an IOU, agreeing that the loan period was three months, and the debtor on the IOU wrote 'Yang Xiaoming Dynasty Yang Daming'.

After the loan expired, Zeng Xiaomi asked many times. Yang Daming and Yang Xiaoming did not pay back. In desperation, Zeng Xiaomi sued the court to demand that Yang Daming and Yang Xiaoming return the loan of 50,000 yuan and interest.

Yang Daming and Yang Xiaoming were summoned by the court and did not appear in court to participate in the litigation without a legitimate reason, nor did they explain the circumstances of the loan to the court. The court heard the case in absentia in accordance with the law.

Superman's lawyer decides the case:

Superman's lawyer believes that a legitimate lending relationship is protected by law. Yang Xiaoming borrowed 50,000 yuan from the plaintiff Zeng Xiaomi, which was supported by the IOU issued by him, and was confirmed in accordance with law. Yang Xiaoming should be liable for the repayment of the above loan of 50,000 yuan.

Zeng Xiaomi asked Yang Daming and Yang Xiaoming to jointly repay the loan of 50,000 yuan.

According to Article 48 of the Contract Law, 'a contract concluded in the name of the principal after the termination of the power of agency by the actor who does not have the power of agency, exceeds the power of agency, or is terminated by the principal, shall not be effective against the principal without the recognition of the principal, and the actor shall be liable.' ‘

In this case, the signature of 'Yang Daming' on the IOU was written by Yang Xiaoming, and Zeng Xiaomi did not submit evidence to prove that Yang Daming entrusted Yang Xiaoming to borrow 50,000 yuan from him, and Yang Daming did not posthumously recognize Yang Xiaoming's signature for the loan, so the loan relationship was not effective against Yang Daming, and the actor Yang Xiaoming was responsible for repaying the loan, and Yang Daming should not bear the responsibility for repaying the loan.

In the end, the court also ordered Yang Xiaoming to return Zeng Xiaomi's loan of 50,000 yuan and interest.

The father-in-law owes money and the son-in-law's salary is deducted, and it is not a mutual debt, and the debt cannot be offset

Case:

From May to June 2014, Zhu did carpentry work for Zeng in a furniture factory for a total of 27 days, and after settlement, Zeng should pay Zhu a salary of 4,090 yuan.

When Zhu went to collect his salary, Zeng took out an IOU saying that Zhu's father-in-law Yao had borrowed 9,800 yuan from Zeng and had not repaid it, and Zhu's salary would offset his father-in-law's loan.

Zhu disagreed, while Zeng insisted on offsetting. In desperation, Zhu sued the court and demanded that Zeng immediately pay the arrears of 4,090 yuan.

Superman's lawyer decides the case:

Superman's lawyer believes that Zeng owed Zhu a due debt salary of 4,090 yuan, and Zhu's father-in-law Yao borrowed 9,800 yuan from Zeng's due debt.

According to Article 99 of the Contract Law of the People's Republic of China, 'if the parties owe each other debts due to each other, and the subject matter of the debts is of the same type and quality, either party may offset its own debts with the debts of the other party, except where it is not allowed to be offset in accordance with the provisions of the law or the nature of the contract'.

In this case, the parties did not owe each other the debts due, but Zeng owed Zhu the wages, and Zhu's father-in-law owed Zeng money, so Zeng could not deduct Zhu's wages without authorization to offset the arrears of Zhu's father-in-law.

After a detailed explanation by Superman's lawyer and a clear telling that Zeng could sue Zhu's father-in-law separately to recover the arrears, the two parties finally reached mediation, and Zeng paid Zhu's salary.

After sorting out the law popularization articles of the Superman Lawyer Gang, Lin Shanruo stretched out beautifully, he should rest, and he will discuss the case with Li Chao tomorrow.

Thinking of Li Chao, Lin Shanruo's face showed two shallow dimples.

Founding Zhengyang Law Firm with Li Chao and pursuing fairness and justice together is the most comfortable thing for her, and she enjoys the process very much.

Lin Shanruo was about to turn off the lights and go to bed when the phone rang.

Lin Shanruo looked at the mobile phone with a sweet smile on his face, his eyes flowed, and he thought happily in his heart: "What is Li Chao calling to do at this time?" Do you miss me? ”

After connecting the phone, Lin Shanruo exclaimed, "What? You were assassinated and now in the hospital?! I'll be there soon! ”

After hanging up the phone, Lin Shanruo immediately put on his clothes and hurried out to the hospital. (To be continued.) )