International Love Cat Day | @国际 国际 The legal rules of the "Meow Star" do you know?

August 8 this year is the 21st "International Love Cat Day" in the world. According to data, the number of pet cats around the world has exceeded 500 million. Meng Meng's kitten can soothe people's hearts, but during the breeding process, such problems will occur. The gentleman loves cats. Today, let's take a look at some of the legal rules related to the "Meow Star".

Where did the kitten go?

Basic case

Huang raised a Sphinx cat and held the Sphinx hairless cat blood certificate issued by the International Cat Association. Yu Mou is also a cat loved person. He discussed with Huang to make the two cats breed. Later, the female cat raised in a certain female cat had four kittens. After WeChat informed Huang, Huang chose a cat in a certain house and found that there was only one kitten left. If the two of them selected a cat, they did not reach an agreement, and Huang would sue to the court to ask them to compensate the cat's breeding fee of 10,000 yuan.

The court's trial believes that the parties should fulfill their obligations in accordance with the agreement. If the parties are not clear about the content of the contract, they shall be fulfilled in accordance with the purpose of facilitating the purpose of the contract.

In this case, Huang and Yu did not sign a written contract, nor did they clearly make a written agreement on the breeding and consideration of the Sphinx cat, but through the trial investigation, both parties did not choose a kitten to choose a kitten first. Observation, so the court can be identified as the basic legal facts that form a contractual relationship between the two parties.

From the perspective of the content of the contract, because the intention agreed between the two parties is that the Sphinx female cat raised by a raised Sphinx chose a kitten after giving birth, and Huang learned that Yu Mou had four kittens who had four kittens. Under the circumstances, the choice of cats in Yu's house can further prove the intention of the two parties on the breeding consideration. Now there is only one kitten, no longer have the conditions for Huang, and the two parties cannot choose the kitten to reach a consensus to reach a consensus on the consensus. In the case, the court was determined to compensate Huang a certain loss.

Judge Tips

Cat breeding has become a major event of many "shoveling officials". If the neighbor or friends can find a suitable cat, this is naturally a happy event; if the owner has special requirements for the cat's breeding, connecting the pet shop is also a choice Essence

When a neighborhood friend or a cat is breaking through an acquaintance, everyone generally agrees with related matters. What should I do if there is a dispute between the two parties?

Civil legal acts will produce certain civil legal effects and corresponding rights and obligations, which will have an impact on all parties. As far as the parties are concerned, the contract that affects small or instantaneous settlement, the parties often take oral forms, such as borrowing contracts. There is a real -time integration. For example, in the bazaar, supermarkets, and shopping malls, most of them are delivered with one hand and delivery, so most of them also take oral forms. Even with a large value -of -value contract, there are common forms of verbal life in real life. For contracts that cannot be cleared in real time, the contract with a large amount of the target, in order to reserve evidence after performing controversy in the event to protect their rights, the parties often adopt written forms. With the development of the times, the data of data in electronic data, email and other methods is also considered a written form.

Therefore, it is recommended that you keep written evidence for cat breeding matters, and fix the verbal conventional content in order to rely on disputes and can be checked when there is a dispute. Even without regular contracts or texts, chat records, call records, picture and video materials, or witness testimony of the two parties can be used as evidence.

Why can't such a good cat be raised?

Basic case

Yan and a company signed the "Housing Rental Entrusted Agent Contract", which stipulated that Yan Mou entrusted the company to rent on behalf of the company, and the two parties agreed to allow pets in the "House Lease Contracts Supplementary Questions". Recovery the house in advance. After the contract was signed, Yan delivered the house to the company, which paid the house rent to Yan. During the actual rental process of the house, Yan found that the tenant's pets were in violation of the original agreement.

The trial of the court believes that the "House Rental Entrusted Agent Contracts" and "Supplementary Terms of House Rental Contracts" signed by the two parties are the true expressions of both parties, and they should not violate the compulsory provisions of laws and administrative regulations. Comprehensive performance of obligations.

In this case, according to the evidence provided by Yan and the court's on -site investigation, a number of neighbors reported pets such as cats, dogs and other pets in the house. However, no evidence was provided for proof; the company did not provide any evidence on the cause of the previous tenants. Therefore, the court confirmed the facts of pets in the house involved. The company violated the contract, so the court supported Yan's request to terminate the contract with the contract.

Judge Tips

When renting a house, you must not only read the contract carefully to find a comfortable home for yourself, but also pay attention to the terms of the contract for breeding pets, and find a comfortable nest for pets such as cats.

If the contract is clearly stipulated that the breeding of pets, the behavior of pets in the rental house obviously violates the contract agreement, and needs to bear the corresponding breach of contract liability, and sometimes even face the termination of the contract.

It is the two ways to terminate the termination of the contract. The agreement to terminate the contract is the maintenance of autonomy of the party's intentions. It aims to maximize the parties to the maximum extent to solve the various subjective and objective obstacles that may occur in the performance of the contract through communication, negotiation or in advance, so that the parties can follow the from The contract is liberated in a timely manner to achieve effective re -allocation of market resources. The legal termination stems from the law. For example, the purpose of the contract cannot be achieved due to force majeure; before the expiration of the performance period, the parties clearly stated or showed that they did not perform their main debts with their own actions; Delaying the performance of debt or other breach of contract, so that the purpose of the contract is unable to achieve the purpose of the contract. If there is no special agreement on the breeding of pets in the contract, the lessee needs to ask about the opinions of the intermediary company or homeowner in advance. Even if the consent is obtained, on the premise of raising pets, during the process of using the house, you should avoid damage to indoor furniture, decoration, etc., and keep the living space tidy, otherwise you should bear the corresponding compensation liability. At the same time, it should be noted that the call of pets cannot affect the normal work and life of co -lessee or neighbors. Creating a harmonious living environment with your pets is also the social responsibility of cat lovers.

What should I do if I buy a "weekly cat" in a pet shop?

Basic case

Zhao spent 2,000 yuan to buy a variety of cats and cats in a pet shop. The purchase agreement stipulates that the pets can be returned unconditionally within 24 hours. If it exceeds 24 hours, the merchant has no obligation to compensate the buyer's loss. The next day of the purchase, the kitten had discomfort. Zhao took the kitten to the pet hospital for treatment repeatedly, spent examination and treatment costs. On the 6th after purchasing, the kitten diagnosed the "cat plague" virus and died on the 7th. Later, Zhao and the pet store controversial the compensation issues, so he complained to the court.

According to the court's trial, the fundamental contract obligation to sell a healthy kitten pet shop, and the pet shop has a certain period of warranty obligations to the healthy negative of the kitten involved in the case. The incubation period of the cat plague virus is about 2 to 9 days. In the case of a healthy situation of the pet store that the kitten involved in the case is healthy, the warranty period that the pet store should have should not be lower than the duration of the virus latent.

Judge Tips

Article 26 of the Consumer Rights Protection Law of the People's Republic of China stipulates that if an operator uses the format clauses during business activities, consumers shall be requested to pay attention to the quantity, quality, price or expenses of goods or services in a significant way Methods, safety precautions and risk warnings, after -sales service, civil liability, etc. have a major interest relationship with consumers, and explain according to consumer requirements.

The operator shall not make an unfair and unreasonable regulations on consumers with the format terms, notifications, statements, and shop notices, etc. Terms and forced transactions with the help of technical means. The content of the format terms, notifications, declarations, shop notices, etc. contains the content of the preceding paragraph, and its content is invalid.

In this case, the pet purchase agreement stipulates that the pet shop does not bear responsibility after 24 hours of sale of pets. This clause obviously exclude consumers' legitimate rights and interests, eliminates the responsibility of operators, and is invalid clause. Zhao has the right to ask the pet store to bear the responsibility of warranty, refund the cat's purchase and bear the cost of treatment for the treatment of the category involved.

Finally, in the "Meow Star" festival, I wish all cats healthy and peaceful. At the same time, I hope that the "shovel officers" will abide by relevant laws and regulations in the process of raising cats to create a beautiful environment for harmonious and harmonious living with nature.

Supply: Chaoyang Court

Edit: Mai Haomin Yao Rihui

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