Lawyer takes you to get the legal points of "settling down" (1)
As the saying goes:laymen watch the excitement,while laymen watch the door.Once the TV drama"An Jia"was broadcasted,it instantly became popular throughout the country,with a current viewership of 1.66 billion and still maintaining an upward trend.Why is the TV drama"settling down"so popular?After watching the drama,the author couldn't help but admire the screenwriter's topic selection and the actors'superb acting skills.There are many stories about real estate agents,and the legal issues involved in the drama are also countless,including intermediary contracts,property rights,intentional injury,marriage,unfair competition,rape,and so on.Now,let me lead you to watch some of the legal plots involved in the TV series"Settling Down":Episode 3:Intermediary Contracts,Property Rights,and GiftsPlot replay one:Uncle Yan signs an intermediary contract with Anjia Tianxia Fang Sijin1.After seeing the house,Uncle Yan was very satisfied with it,so he handed over the deposit to the resettlement agent Fang Sijin and said,"I have paid the deposit and signed the intermediary contract.This is the real peace of mind for me.".2.After receiving the deposit,Fang Sijin took out the intermediary contract and prepared to sign it with Uncle Yan.He said,"I have received the deposit,and I have also signed the intermediary contract.This house belongs to you.".Legal analysis:Firstly,we need to understand what an intermediary contract is.An intermediary contract is a contract in which the intermediary reports the opportunity to enter into a contract to the principal or provides intermediary services for entering into a contract,and the principal pays remuneration.Fang Sijin,as the intermediary,signed an"intermediary contract"with the principal,Uncle Yan.Simply put,it is a written"commission agreement"that Uncle Yan entrusted Fang Sijin to help***and view the house,not a"house purchase and sale contract".Moreover,at this time,Uncle Yan did not sign a"house purchase and sale contract"with the seller.Secondly,houses belong to immovable property.Article 9 of China's Property Law stipulates:"The establishment,modification,transfer,and elimination of immovable property rights shall take effect upon registration in accordance with the law;without registration,they shall not take effect,except as otherwise provided by law."The transfer and modification of houses must be registered by the competent housing authority before they take legal effect.Without registration,changes in property rights shall not take legal effect.So when the deposit was paid and the intermediary contract was signed,Uncle Yan couldn't truly feel at ease,and the house didn't belong to him at this time.Plot replay two:Uncle Yan invested in buying a house for his son.Uncle Yan's son told him to add his wife's name to the property certificate.Legal analysis:Uncle Yan intends to register the house under his son's name,which is a gift from parents to their children.But to add the name of his daughter-in-law to the property certificate,Uncle Yan and Sister Yan hesitated.Why is Uncle Yan not afraid of adding his son's name,but afraid of adding his daughter-in-law's name?Article 7 of the Judicial Interpretation III of the Marriage Law stipulates:"Real estate purchased by the parents of one party for their children after marriage,if the property rights are registered in the name of the child of the investor,can be regarded as a gift only to one of their own children in accordance with Article 18(3)of the Marriage Law,and the real estate should be recognized as one party's personal property."Therefore,as long as it is registered in the name of Yan Shuson,it is considered as Yan Shuson's personal property.But adding the name of the daughter-in-law at the same time is considered as a gift from Uncle Yan to his son and daughter-in-law.In this way,the house becomes the common property of the son and daughter-in-law.Once both parties divorce,the daughter-in-law can directly share 50%of the property.In such a realistic living environment,Uncle Yan's hesitation was not wrong,but due to his kindness and love for his son,he did not persist.As the plot develops,Uncle Yan's behavior may really be wrong.Episode 4:Intentional InjuryPlot replay:Captain Li of the security team is seeking compensation from property manager Yao Fenglin for the donations he raised under the pretext of raising money to treat Captain Li's son's illness,but Yao Fenglin refuses to return them.Captain Li picked up a wine bottle and smashed it at Yao Fenglin's head,causing the case to occur.Legal analysis:Regardless of the reason,Captain Li's attempt to injure Yao Fenglin constitutes intentional injury.According to Article 234 of the Criminal Law,"Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years,criminal detention or public surveillance,"which is the legal concept of the crime of intentional injury.But whether Captain Li's behavior constitutes the crime of intentional injury depends on Yao Fenglin's injury.If Yao Fenglin's injury does not meet the standard of minor injury or above,Captain Li's behavior does not constitute the crime of intentional injury.However,his behavior violates the provisions of the Public Security Administration Punishment Law,and he should be detained or fined.The victim also has the right to compensation for medical expenses,lost work expenses,and other expenses.Episode 5 Divorce AgreementPlot replay:After Xu Gu and Zhang Chengcheng divorced,they discovered that Zhang Chengcheng had an affair and said to Zhang Chengcheng,"We need to renegotiate the divorce agreement.".Legal analysis:In order to obtain the qualification to purchase a new house,Xu Gugu and Zhang Chengcheng transferred all the properties under Xu Gugu's name to Zhang Chengcheng's name through divorce distribution,and registered for divorce at the Civil Affairs Bureau.The divorce agreement signed by both parties takes effect immediately.Can the divorce agreement be changed as Aunt Xu suggested after signing?According to Article 9 of the Judicial Interpretation II of the Marriage Law,if a man or woman reneges on the issue of property division within one year after the divorce agreement,they may file a lawsuit with the people's court to request a change or revocation of the property division agreement.From the perspective of the plot,Aunt Xu's"Divorce Agreement"has not exceeded one year.Considering the purpose of their divorce,it is unlikely that the two of them will remarry.Aunt Xu should actively fix the relevant evidence before and after signing the"Divorce Agreement"and request the people's court to change or revoke the content related to property division in the"Divorce Agreement"to protect their legitimate rights and interests.Episode 8 Unfair CompetitionPlot replay:How to define the behavior of Aladdin and Little Red Riding Hood intermediaries next to the resettlement agency blocking customers from visiting the resettlement agency and bringing them to their respective stores for marketing?Legal analysis:According to Article 11 of the Anti Unfair Competition Law,operators shall not fabricate or disseminate false or misleading information to damage the commercial reputation and product reputation of competitors.Aladdin agents,Little Red Riding Hood agents,and settlement agents are all competitors in the real estate agency industry.From the plot,it can be seen that Aladdin's agent and Little Red Riding Hood's agent will pry away customers who are preparing to go to the settlement agent,sign contracts with customers at low commissions,and undermine the reputation of the settlement agent,constituting unfair competition.According to Article 17 of the Anti Unfair Competition Law,if the legitimate rights and interests of operators are harmed by unfair competition behavior,they may file a lawsuit with the people's court.Episode 13 Parent Child IdentificationPlot replay:Zhang Chengcheng told Xu Auntie that she was pregnant with his child,and Xu Auntie also fell into a trap.So who exactly is it?Legal analysis:Zhang Chengcheng is more likely to know that the child in his belly is Xiaotiantian,but he hopes it is Aunt Xu's,which can promote a reunion between the two sides.So,Zhang Chengcheng kept telling Aunt Xu that the child was his.To determine who the child belongs to,it can only be determined through parent-child relationship testing.However,Zhang Chengcheng may be afraid of parent-child relationship testing and may use various means to obstruct or refuse it(not spoilers).Article 2 of the Judicial Interpretation III of the Marriage Law stipulates:"If one party files a lawsuit with the people's court to request confirmation that the parent-child relationship does not exist and has provided necessary evidence to prove it,but the other party refuses to conduct a parent-child appraisal without evidence to the contrary,the people's court may infer that the claim of the party requesting confirmation that the parent-child relationship does not exist is valid."Although this method is cruel,if Aunt Xu wants to find out the truth,she can only do it reluctantly.So,Aunt Xu can determine the biological father of the child through the above methods.Episode 21:Attempted RapePlot replay:Liang Zhenbang deceived Zhu Shanshan into a hotel and intended to forcibly commit violence.Legal analysis:Liang Zhenbang,without Zhu Shanshan's consent and despite his explicit refusal,forcefully pressed him under his body,intending to engage in a sexual relationship,which constitutes the crime of rape.According to Article 236 of the Criminal Law on the Crime of Rape,if a woman is raped by violence,coercion or other means,she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.However,Leung Chun bang's criminal behavior ceased due to chaos caused by Wang Zijian sounding the fire alarm.This situation was caused by reasons beyond Leung Chun bang's will(Wang Zijian),which prevented him from continuing to commit the crime.Therefore,Leung Chun bang's behavior towards Zhu Shanshan constitutes attempted rape.The above plot is all based on the TV drama"An Jia"and will be continued.We look forward to more exciting plots.
