The villagers picked up three sheep and raised two to compensate?
Author:Guangzhou Daily Time:2022.09.23
What should I do if I get lost? Guangdong villager Zhang made a wrong demonstration. After picked up three black goats, he did not send it to the relevant departments in time, and did not return it in time when the owner Li was found. When the two sides died of the two black goats, the two black goats died of improperly breeding, so the only existence was deposited. Should a goat return Li? How can the two goats dead compensate for losses?
Recently, the Wuhua Court of Guangdong tried to return the dispute with the loss of objects together. According to law, Zhang returned a black goat to Li. Lost 4,400 yuan; Li paid Zhang's management fee of 1,000 yuan.
After picking up the black goat, I refused to return to the owner to go to the court to discuss the law
On January 8, 2022, Li purchased 6 black goats, with an average of about 55-60 catties weighing each, 40 yuan per catty. Li raised six black goats in a village in Wuhua County. On January 17th, 3 of them ate grass on half the mountainside, but did not return to the sheep bar that night. After Li found out, he looked around and called the police.
On March 12, Li found that three black goats were in Zhang, and the three sheep survived. Zhang did not report to the public security and other relevant departments in time after adopting the three black goats, and did not return it in time when the owner was found. During the period, Li asked Zhang to return to the black goat. Zhang said that he could return it, but Li asked Li to compensate him for losses. Later, because the two parties had a large difference in compensation, after many negotiations, Li Mou sued Zhang Mou to the court to court. , Request to return three black goats.
However, during the lawsuit, two black goats died of improper breeding. During the trial, Li asked Zhang to return the existing black goats, and the other two dead sheeps were compensated for a price, while Zhang filed a counterclaim and asked Li to pay a management fee of 15,000 yuan. When the two sides recognized that Zhang had only 55 pounds and 40 yuan per catty when he picked up three black goats, and the last last 1 black goat was 60 catties, 40 yuan per catty.
After trial, Zhang believed that Zhang adopted the three black goats that Li had lost, and Li had the right to recover from him as a right holder. After learning about the owner, Zhang should return the right holder in time, or send three black goats to the relevant departments such as public security. Before returning the three black goats to the owner or sending it to the relevant departments, Zhang had the obligation to keep and should properly keep the loss. However, Zhang not only did not send it to the relevant departments in time after adopting the black goat, but also did not return the goat to the owner in time after the owner was found. And due to the poor feeding management of Zhang, two of the black goats died, Zhang Mou had a major negligence of the death of the goat, and he should bear civil liability. Yuan × 2). At the same time, Zhang should return a black goat that is still existed. If it cannot be returned, it should be returned to Li for a price of 2400 yuan (60 catties × 40 yuan). In addition, Zhang's counterclaim asked Li to pay 15,000 yuan during the management period, because Zhang did not return the three black goats to the right holder in time, or sent the three black goats to the relevant departments to manage the cost of the court as appropriate. The court supported Li as appropriate. Someone pays Zhang's 1,000 yuan management fee.
Judge said: Pick up the loss and do not dispose of it at will
According to the supervisor, it should be returned to the owner in a timely manner and cannot be disposed of at will. It should actively fulfill the report, storage and return obligations. This is not only the requirement of picked up gold in the traditional virtue of the Chinese nation, but also the obligation stipulated by the law.
Regardless of whether the loss is a living or the item, everyone should find the owner in time and return the original to avoid unnecessary trouble. During the custody of the loss, it should also be fulfilled to keep the obligations, otherwise it will bear the corresponding civil liability.
Legal know more D
Article 314 of the "People's Republic of China" Article 314 shall be returned to the right holder, and the person who shares the person shall promptly notify the right holder to collect it, or send it to the relevant departments such as public security.
Article 315 of the "People's Republic of China" has received lost objects by relevant departments and knows that the right holder shall promptly notify it to receive it; if you do not know, it shall promptly issue an announcement.
Article 311 of the "People's Republic of China" Article 316 The person who has obtained the loss should be properly cured before the loss of the objects to be collected. If the loss or loss of the loss and loss of the loss or the loss, the civil liability shall bear civil liability.
Article 317 of the "People's Republic of China" Article 317 When the right holder receives lost objects, it shall pay the necessary expenses such as the sacrifice of losses to the deserved or relevant departments.
If the right holder is looking for lost objects, it shall fulfill the obligations of the lost objects in accordance with the commitment.
Those who have obtained those who have occupied the loss, have no right to request the expenses of the expenditure such as the loss of the loss, and have no right to request the right holder to fulfill their obligations in accordance with their commitments.
Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Xu Bingqi Picture/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhua City Editor: Wu Yizhen
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