Fan Qiang took the South China Sea agarwood, which was a hundred times more precious than the fragrant pine nuts, and cut it into a section long as his index finger, and took out the fragrant pine nuts that were originally burned in the incense ding, this thing can be thrown away, put two sections of agarwood into it, and a higher quality aroma began to emanate.

There is only one incense tripod like this, which is placed next to Bai Dong and Wei Ying, and Lao Yinglian, who is the monarch of a country, can only look at it, Li Jiang is even more pitiful, and he has to sit in danger of being the queen of the country, but he still can't help but stretch his neck, showing his infinite fascination with agarwood.

The courtiers were sad and jealous when they saw it, and Mrs. Guo was looking forward to the South China Sea agarwood, right? This thing is still a congratulatory gift sent by the Chu State in the year of the monarch's reinstatement, it is said that even Zhou Tianzi likes it, but he is reluctant to burn it every day, this kid and Wei Ying are so blessed!

No one thought that there would be a sudden change in the debate field, that kid lost everything, and when he woke up, he told the story? Wei Ying is already addicted to it, and Doctor Shang and Gongsun Changshi are also thinking about it with their eyes closed, but this story doesn't sound like it has anything to do with the debate, right? One is a land dispute, the other is a business dispute, and it seems that there is no way to contact one place, are we too stupid?

"Xijun, what do you think?"

Lao Yinglian is actually confused, how can the monarch on the horse understand these twists and turns, seeing Li Jiang's appearance, he is really a little unbearable, just to open the topic.

The minister's wife faintly felt that this kid was deliberate, he was pretending to be asleep before, and the minister's wife would not believe the story found in the dream. But this story is very interesting, please think, isn't that Lu Qi the son Yiwu? ”

"Well, the widow also thinks so, in this way, the Lu family in the story is the Jin State of the day, and the Fan family is Lao Qin, but the Lu family and the Fan family in this story don't seem to have done anything wrong. This kid went around in a big circle, just to get such a result? ”

Li Jiang didn't speak, and she couldn't find an answer, in short, Bai Dong, this kid is too hateful, no matter what the outcome of this debate is, I have to catch this kid and seriously torture him about what is in his head. If there is such a change, can't you tell the result first? Therefore, the mysterious courtiers are probably itching their butts.

"Baizi, judging from this case, the Lu family and the Fan family seem to be at fault, if the Fan family wants to recover the goods, they can go to find that Lu Qi, so that the dispute will be eliminated naturally, and this should be the best result."

"Hehe, ordinary people can see this kind of truth, is Weizi's insight just like this?"

Bai Dong said with a smile: "It is naturally the right of the Fan family to find Lu Qi, but is the right of the Fan family limited to this?" If you can't find that Lu Qi, or when you find him, you find that there is no payment for the goods, should the Fan family bear the loss in vain, and the Lu family doesn't need to bear any responsibility? ”

"If you can't find Lu Qi, do you have to take the Lu family responsible? But if the Lu family doesn't bear it, how can the Fan family's losses be compensated? Let me think about it again, this case seems simple, but in fact it is extremely complicated, and it is faintly the biggest test of my Legalist methods, which is very wonderful, wonderful! ”

Wei Ying pondered for a moment, and suddenly his eyes lit up: "If Martingale didn't guess wrong, the agreement between Lu Qi and the Fan family is the key to solving the problem, but this agreement is clearly against the law, and it shouldn't have any effect on me, so I can't think of it, please teach me Baizi." ”

"Wei Zi can think of starting with the agreement, and he is really worthy of the Legalist family, but unfortunately Wei Zi is too prejudiced, is this agreement necessarily invalid against the law? What can't be 'potency to be determined'? ”

"Efficacy TBD? What does Bai Zi mean by this? ”

Glancing at Wei Ying, Bai Dong shook his head secretly. If there are still people in this era who can understand the concepts of modern civil law such as 'contract validity to be determined' and 'apparent agency', I am afraid that only Wei Ying, but now it seems that even he has some difficulty in understanding. This is only a superficial theory, and the real reason for the establishment of 'apparent agency' is actually the principle of 'protecting bona fide persons' in later legal theories, but now it is even more difficult for Wei Ying to understand what it means to protect bona fide persons.

"The overseas country where the tutor has been to is prosperous in culture, and the rule of law is extremely advanced, and there are detailed French regulations for this kind of transaction disputes. But in order to understand what the effectiveness is to be determined, I must first ask Weizi a question: everyone in the world has characteristics, but does the Fa have characteristics? ”

"Naturally, there are characteristics of law, the first is what the country needs, the second is what the king needs, and the third is what the people need."

Bai Dong smiled and nodded, worthy of being a famous Legalist, and he is quite good at summarizing, but what Wei Ying summed up is only the national and social attributes of the law, and it lacks the natural attributes of the law, so it must be further guided: "I also want to ask Wei Zi, because babies are born with different innate endowments, so in the future, there will be people who are good at martial arts, good at writing, and even more people like Wei Zi; If we compare the Fa to a baby, then what is the innate endowment of the Fa? ”

"The innate endowment of the law?" Wei Ying frowned and thought for a while, and suddenly his eyes lit up: "Affection and reason!" ”

"Yes, the law is needed for the country, for the king, and for the people, but it must be based on the words emotion and reason. Before the formation of the law, in fact, it was manifested as emotion and reason, there was no complete law when the three emperors and five emperors, even emperors like the Yellow Emperor Yao Shun had to use reason to resolve disputes and disputes, so the saying is unreasonable, then the country is a bad country, the monarch is a tyrant, and the people are bitter! Weizi is worthy of the power of the Legalist family, please accept Dong's worship! ”

I thought that it would take a lot of explanations to make Wei Ying understand the natural attributes of the law, but I didn't expect him to get the understanding of 'reasonable and then law' so quickly, which made Bai Dong very happy: "Since Wei Zi and I both think that the innate endowment of law is reasonable, let's look at this contract again, although Lu Qi has already left the Lu family, because the Fan family has formed a concept over the years, thinking that Lu Qi is the person who can represent the Lu family." In this case, the Fan family first assumes the contractual obligation and pays the price of the goods, and the sales contract has been formed"

"So that the contract is formed?" Before he knew it, Wei Ying had forgotten his identity as an argumentator and had completely become a good student eager to learn.

"Naturally, in that overseas country, this form of contract is called 'apparent agency'. There are three conditions for his establishment, first, both parties have many years of trading habits. Second, there is the emergence of people like Lu Qi who are familiar to the parties to the contract. Third, whether a person like Lu Qi is malicious or bona fide, the other party to the contract must be bona fide, such as the Fan family. ”

"The innate endowment of law needs to be reasonable and reasonable, and the Fan family and the Lu family have traded for many years, all of which are represented by Lu Qi, so the contract of the Fan family is goodwill, and the 'contractual obligation' mentioned by Baizi has been completed, so the Fan family is the party that should be protected? In this case, we can directly determine the validity of the contract, so how can we say that the validity is to be determined? ”

Lao Yinglian and others have been dizzy by the modern legal concepts thrown out by Bai Dong, but the more Wei Ying listens, the more sober he understands, after all, he is a figure who has been immersed in law for half his life, and the difference between him and modern legal people is only his vision and the experience of the development of the two thousand years. Moreover, the 'apparent agency' proposed by Bai Dong was originally based on the legal principle of 'protecting people in good faith', and the words 'emotion' and 'reason' could not be bypassed, which had little impact on the ancient people and made Wei Ying more acceptable.

"Rights include possession and renunciation, and in this transaction, the Fan family made the validity of the contract based on the 'apparent agency' to be determined, but the outcome of the pending depends on how the Fan family chooses. In other words, the Fan family can ask the Lu family to take responsibility for the contract, and they can also abandon the contract at any time, and the Lu family"

"Martingale thought that the Lu family could continue to look for Lu Qi after assuming the contractual obligations and pursue the payment for the goods that he embezzled."

"Yes, Weizi is really a celebrity! In fact, this right of the Lu family also has a name in overseas countries, called 'right of recourse', but it can only be owned after the Lu family first undertakes the contractual obligation."

Bai Dong Ha laughed, even the right of recourse in modern civil law was realized by Wei Ying, does this debate need to continue?

"Bai Zi Shenyi, I lost!"

Wei Ying pondered for a while, and suddenly got up and arched, this is the most solemn arch salute, standing with his feet side by side, his hands folded over his head, and when his arms fall, his body is bent at ninety degrees, only to the monarch and the division commander will make such a big bow. However, Wei Ying quickly straightened up, held Bai Dong's hand and smiled, no student would be so presumptuous as a teacher, he was telling everyone that Martingale was taught by Bai Zi's wonderful theory, and he was a teacher, but he would not recognize Bai Dong as his lifelong teacher, this is Wei Ying's pride, and it is also the characteristic of Legalist students, who only recognize reason and never believe in authority!

It's not easy, Bai Dong is very happy and happy.

For the country of this era, this trading habit does not only exist between Qin and Jin, and the prince of a certain country returns to the country to seize the government, so as to exchange land and money, which is a common 'trading habit' in the Spring and Autumn Period and the Warring States Period, similar to Gongzi Yiwu' Lu Qi's family is also a big person, but most of the people will keep their promises, like Gongzi Yiwu who breaks his promise and gets fat, but it is very rare, there is no precedent to follow, Qin Jin will say his own reason, and when he encounters Wei Ying, who can say, he will subdue Lao Ganlong's reasoning.

Bai Dong's analogy is actually not perfect, if it is placed in the law lecture hall of later generations, the old professor will jump over and knock on his head, how rigorous the legal analogy is after two thousand years, and the cases compared with each other are slightly different, and the results will be very different! But in this era of serious lack of legal theory, Wei Ying is the best little seedling, just give a little sunshine and he will be brilliant, under Bai Dong's intentional guidance, the apparent agency, the effect is to be determined, and the hidden behind the principle of 'protecting the good intentions', like a missile with huge lethality, slammed into Wei Ying's brain, making him excited, where is there still the mind to analyze whether Bai Dong's analogy is inappropriate, those novel legal views cover up the possible flaws of the analogy itself.

Like a beautiful woman with a stunning figure and a stunning appearance, who would take off her shoes to check if the length of her ten toes is the right length and if her toenails are properly trimmed?

Bai Dong won, in fact, there is still some luck, in the eyes of the old Qin monarchs, this is simply incredible. Without Wei Ying's ability to understand the law, the most well-educated old Ganlong also belongs to the 'intellectual worries' group, and the worries of sorrow.