There is a grounded mediation under the walnut tree
Author:Xinjiang Legal Daily Time:2022.09.09
Walnut harvest, most farmers are immersed in joy, 6 households such as Ximou, such as Kuer Mabei Village, Axak Malley Township, Axak Ma, Barchian County, frowned — they were folded by the acquirer Li of their fellow villagers. Someone sued the court.
At the beginning of July last year, Li Mou, a resident of Axak Malleus Township, signed a walnut acquisition contract with 6 households such as Kuer Mabei Village, and Li Mou paid to each fruit farmer. 2000 yuan deposit, of which 3,000 kg of West walnuts were booked.
On August 18 this year, Li was purchased to acquire walnuts in accordance with the contract, but found that Ximou sold the walnut to other acquirers privately. Because the remaining 5 households have too few pecans, Li is unable to fill the vehicle, and the acquisition cost has increased. Li asked all fruit farmers to refund the deposit and no longer acquire it. It also required Ximou to pay the penalty of 2 times in accordance with the contract.
5 fruit farmers refused to refund the deposit, and Ximou was reluctant to pay a liquidated damage. The president of the People's Court, Abu Dubuklim Halik, took the investigation after receiving the case.
After investigation, Li Mou and Ximou had a good relationship and cooperated several times. There was a foundation of mediation. Abu Duklima contacted the two parties several times, but both were busy with walnut forest. He decided to deal with the case with on -site mediation, and invited some villagers to listen to the old party members and the villagers.
On the morning of August 30, the case was mediation in the walnut forest involved in the fruit farmers' family.
"We signed a order contract, and now they want to sell walnuts to others, and we don't talk about credit at all." Li Mou said angrily.
"We did sign a contract, but the price you gave is much lower than this year's market price." Said said.
"The most taboo for doing business is reversed. The walnut trading between us has been doing it for several years, and we can't cooperate with you in the future."
... ...
During the mediation process, the two sides were emotional. Xi Mou insisted that he only refunded the deposit and did not pay the liquidated damages. The remaining five fruit farmers believed that the breach of the contract was Li and resolutely did not refund the deposit.
The real focus is still between the two.
Li explained that Ximou has sold walnuts to others. The remaining walnut output is too small, and the cost of buying is not enough to purchase the acquisition.
"Article 577 of the" People's Republic of China "stipulates that if the parties do not fulfill their contractual obligations or do not meet the contractual obligations, they shall bear the liability for breach of contracts such as continuing to perform, taking remedial measures or compensation losses. The agreement is legal and valid. "Abu Dubuklimu interpreted the method of the two parties.
Ximou claimed that his life was not easy, and it was not intentional to sell walnuts with others.
Under the host of Abdulkulmu, the two sides voluntarily reached a mediation agreement. Li Mou and the fruit farmers took a step back and finally reached a consensus: the 6 -family fruit farmers returned Li's deposit of 2,000 yuan, each looking for the buyer, Li Mou no longer asked Ximou to compensate for the liquidated damages. After the two parties reached an agreement, there were no more contradictions and disputes.
At the end of the mediation, Abdulkulmu combined with the case and carried out the law education to the people on the spot.
"Walnuts are planted every year, and they often buy and sell. Whether selling more and selling less, integrity is the first. After signing an agreement, it should be fulfilled in accordance with the agreement. Qiguan Division does not take advantage of it. "
"We must protect the legitimate rights and interests of farmers, and the legal rights and interests of the acquirers must be protected."
Abdulkimu pushed his heart to preach, and he was inspired by the attending people.
Pomegranate/Xinjiang Legal Daily Reporter Gu Xueli Correspondent Gu Liuel Ruzi
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