[Propaganda of the Civil Code] "Answers to the Cases of Reading the Classics" -The target of the sale and selling contract must be legal

Author:Hulunbuir Intermediate People Time:2022.07.30

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This is the first law named after the founding of New China. This is a category known as the "encyclopedia of social life". The civil code involves all aspects of social life, running through you and me. On the occasion of the second anniversary of the promulgation of the Civil Code, the Supreme People's Court News Bureau specially launched a column of the "Answers to the Cases of Reading the Code", inviting Li Xiuping, He Hongmei, Cui Zhigang, and Zhang Zhonglu of the Central Radio and Television Circies to lead the Code of the Code of the Code of the Code, and Summarizing the implementation of typical cases of civil law, we also designed a number of knowledge and answers of the knowledge of civil code, let us learn the codes, read cases, and answer questions.

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Episode 42

Zhang Zhonglu, the host of the Central Radio and Television Station

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Disputes in the sales contract between Hanse and Zhongyi Company

Source: Typical cases of service guarantee for free trade pilot zone

Basic case: Zhongyi Company is a foreign -invested enterprise established in the Hunan Free Trade Pilot Zone, which specializes in import and export trade. Hanse signed two trading contracts with Zhongyi Company, agreed that Zhongyi Company would purchase broken leather materials from the Italian Supplier Office for the case of the contract due to customs inspection and other reasons. The goods involved in the case were inspected and sampled by the customs and were identified as "the corners of the finished leather, leather products or regenerative leather", which was a solid waste that prohibit imports in my country. Customs punished Zhongyi Company. Hanhe asked for the dismissal of two trading contracts, or ordered Zhongyi Company to return the payment of 20,4100 yuan and pay the funds to occupy interest.

Residents: The first instance of the Changsha Intermediate People's Court believes that the target of the contract involved in the case belongs to the solid waste prohibited by my country. The contract violates the mandatory provisions of laws and administrative regulations, so the contract is invalid. The two companies know that the goods involved belong to the solid waste prohibited by my country. Both parties have faults on the signing and performance of the contract, and they should bear responsibility in accordance with their own faults. The judgment Zhongyi Company returned Hanse's payment of 20,4100 yuan. Both sides were dissatisfied and appealed. The second trial of the Hunan Provincial High People's Court rejected the appeal and maintained the original judgment.

Typical significance: both must be protected and supervised in accordance with the law. It is the complete connotation of the business environment of the rule of law in the free trade area. In recent years, my country has deepened the reform of the management system of solid waste and achieved significant results. The Civil Code stipulates that the prohibition of circulation of laws shall not be used as the target of buying and selling, and the law that restricts the circulation of law can only be circulated in a limited field. This case clarifies the imported solid waste contract involved in the case. It violates the invalid contract stipulated in my country's laws, effectively cuts off foreign garbage into my country in accordance with the law. It is of great significance.

Answer

Civil Code Quick Questions Answers

Question: Xiaolin and Xiaoxuan signed a batch of steel trading contracts. The contract stipulated the delivery location and the delivery time. On the day of delivery, Xiao Lin went to the delivery location early. Terminal ()

A. Xiaoxuan should deliver the target object at the agreed location;

B. Xiaoxuan can change the delivery place at will, only to notify Xiaolin after the location;

C. Xiaoxuan can put the goods at other delivery locations, and then leave a note to Xiaolin;

D. Xiaoxuan can not deliver the goods.

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