[Propaganda of the Civil Code] "Answers to the Case of Reading the Code" -The cash of my friend is kept by me. Do I have to return the original?
Author:Hulunbuir Intermediate People Time:2022.08.27
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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, and Summarizing the implementation of typical cases of civil law, a typical case of civil law, and also designed a number of civil code knowledge and answers, let us learn the codes, read cases, and answer questions.
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Episode 56
He Hongmei, the host of the Central Radio and Television Station
Civil Code Quick Questions Answers
01
Xiaoyu's friends are going to travel outside, fearing that 10,000 yuan in cash in her home will be stolen, and Xiaoyu will entrust her 10,000 yuan cash to her friend Xiaomei to keep it. After half a month, Xiaoyu finds Xiaomei, please Xiaomei Return to its cash. Xiaomei is returned, but Xiaoyu said that this 10,000 yuan cash is not the same as the cash that he was kept by Xiaomei. The cash that he was handed over to Xiaomei was not the current pioneer. Xiaomei was distressed at this time, I would like to ask ()
A. Xiaoyu and Xiaomei are custody, so Xiaomei must return the original;
B. Xiaoyu and Xiaomei are custody, but because the target is currency, Xiaomei does not need to return the original, and return the same type and quantity of currency;
C. Xiaoyu and Xiaomei are entrusted relationships, Xiaomei must return the original;
D. There is no civil legal relationship between Xiaoyu and Xiaomei. No matter whether Xiaomei returns or not, there is no breach of contract or infringement.
Click on the blank space to view the answer
B, according to Article 901 of the Civil Code, if the custodian keeps the currency, the same type and quantity of currency can be returned; those who keep other alternatives may return the same type, quality, and quantity of items in accordance with the agreement. As a custodian, Xiaomei only needs to return the same amount and type of currency of Xiaoyu.
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Source: Supreme People's Court
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