Lijiang men spend 1 million to buy products, but sellers do not sign the contract or refund the money!What to do?

People will never think they have a lot of money. How to make more money? How to make money to have money?

When it comes to the way of wealth, it seems that everyone is interested.

But Reading Benjun wants to remind everyone that high returns means high risk. We all have the hearts of wanting money, but we must choose the direction of the investment, especially the high investment. Followed.

Spending 1 million investment, but the other party does not sign the contract for two years

Xiaohe was a little idle in his hand and planned to invest. After being recommended by a third -party intermediary agency, the business equity income product of the business project under a company name was purchased.

After Xiaohe's initial understanding, I felt that the prospects were considerable, and Xiaohe threw a lot of money. In early 2018, it transferred 1 million yuan to the company through bank transfer.

But until 2022, Xiaohe did not receive the company's share confirmation and the contract signed.

Now that the company is unwilling to sign the contract, Xiaohe no longer wants to put huge sums of money. He repeatedly negotiated with the company to request to return the corresponding amount, but he did not expect to be smooth when buying, but it was difficult when the refund was refunded.

The company refused to refund the 1 million yuan paid by Xiaoba, but helplessly, Xiaohe could only sue the company to the court, asking for improper benefit.

In the end, the court judged: The company restricted the company's improper profit of 1 million yuan within 60 days.

Xiaohe's case can also let us think that there is no contract transaction. How can we safeguard their rights and interests?

In this regard, Reading Benjun consulted lawyers of Li Liang of Tianwai Tian (Lijiang) Law Firm in Yunnan.

Li Liang said that Xiaohe did not sign the contract before the transfer, and later did not receive the share confirmation letter and the signing of the corresponding contract. He could not ask the other party to bear the liability for breach of contract based on the content of the contract.

However, Xiaohe can also protect his legitimate rights and interests through litigation on the grounds of improper profit.

What is unjust enrichment? How to use improperly to protect your rights and interests?

Improper benefit refers to the benefits obtained without legal basis. Usually there are four characteristics:

One party profit;

The other party is damaged;

There is a causal relationship with the benefit and the damage party;

No legal basis.

In this case, the company occupies a remittance of 1 million yuan, refusing to refund, the company has no legal basis for the behavior of the property of others, which makes it profitable and causes the interests of others to be damaged.

Article 985 of the Civil Code: Those who have no legal benefit of the Lisa who have no law can request the benefits obtained by those who have obtained improper benefits. Therefore, Xiaohe can protect his legitimate rights and interests through litigation channels on the grounds of improper profits, in accordance with Article 985 of the Civil Code.

Lawyer Li Liang reminded friends that in accordance with the law, improper benefits can be required to return it; but when delivering their own property in actual situations, we must pay attention to considering the reputation of the other party, fulfilling their ability to fulfill and signing corresponding legal documents, which will cause it to cause it, which will cause it to cause it, which will cause it to cause it, which will cause it to cause the corresponding legal documents, which will cause it to cause it to cause it. More losses.

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