Who should be responsible for electric vehicles in the community?After the divorce, the party does not cooperate with the real estate transfer. What should I do?Civil code to answer!

Electric vehicle charging shed in the community

Damaged maliciously

Who will compensate? Is the community property responsible?

After the agreement is divorced

One party does not cooperate with the real estate transfer, should I do?

Civil code to answer

01

Case number one

"My new electric tricycles put the community charging shed, which was maliciously damaged. The community monitoring camera had taken the crime of the suspect. It was damaged at the same time at the same time. What responsibilities should the property be assumed? "

You have the right to ask the infringer to compensate for the repair fee and other losses. Whether the community property needs to bear the responsibility depends on whether it has fulfilled the obligation of security.

If the losses caused by the suspect exceeded RMB 5,000, they reached the standard of criminal cases, and their behavior was suspected of constituting the crime of intentionally destroying property. For your vehicle repair fee and other property losses, in the process of criminal proceedings, you have the right to file a criminal attachment civil lawsuit and require compensation for related material losses. You can prove the specific losses you suffered by renovating invoice and transfer vouchers.

You stop the electric vehicle in a community charging shed. Generally speaking, you do not have a custody contract relationship with the community property. Whether it is responsible for whether it is responsible depends on whether the property has fulfilled the obligations of the general manager.

According to the relevant provisions of the "People's Republic of China", the property service personnel have the obligation to protect the owner's personal and property security; It does not need to bear the obligation to compensate.

If the above obligations are not fulfilled, the community property should bear the responsibility corresponding to its fault.

02

Case 2

"After the agreement is divorced, the house should be changed to the child's name. The agreement is clearly written, but the child's father has always refused to come forward. Out of the house. There is a problem of children's tuition, and he refuses to pay. What should I do? "

The child's father should fulfill his obligation in accordance with the agreed divorce agreement. If he refuses to perform and cannot be resolved through negotiation, the child's mother as a child as a child can fix a lawsuit in the court.

According to the relevant provisions of the "People's Republic of China", the agreement on the divorce agreement on property has legal binding power on both men and women, and the child's father should fulfill the corresponding obligations in accordance with the agreement of the agreement.

According to your description, the two parties agreed in the divorce agreement to transfer the house to the child name. The agreement seems to have the characteristics of gifts, but in fact it belongs to the distribution plan reached by the husband and wife's common property when divorced. It is equivalent to the general gift relationship, so the child's father cannot regret or revoke the gift before the house is transferred, and he should fulfill his transfer obligations in accordance with the original agreement.

Regarding the child's tuition, after the divorce, the parents still have the right to raise, educate and protect their children. The child's father shall pay the tuition fee in accordance with the divorce agreement; Reasonable requirements.

In response to the behavior of the child's father, the child's mother can negotiate with him first, ask them to fulfill the obligations agreed in the divorce agreement, cooperate with the house transfer procedures and pay tuition fees; People can file a lawsuit with the people's court as a legal agent.

Source: "CCTV today's saying" WeChat public account

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