Cai is a big boss, and his aging body and gray hair make him worry that his huge inheritance will be inherited. He was a traditional man who had not had a son with his wife for many years, which made him very envious of others being able to have offspring. One day, Cai stumbled upon a female employee Zhang, and the more he looked at her, the more he liked her, so he transferred her to work beside him. After the two gradually developed into a lover relationship, Cai transferred her to become his personal secretary.
Not long after, Zhang became pregnant with Cai's child, which made Cai even more afraid. Zhang took advantage of her pregnancy to blackmail Cai, she kept making trouble, and even wanted to kill the child. In order to coax Zhang to give birth to a child, Cai took her to see a small apartment, spent more than 1 million yuan to buy it, and wrote Zhang's name on the property. At the same time, for his own interests, Cai asked Zhang to write down an IOU, which stated that the money was used to buy a house.
As Zhang's pregnancy became more and more obvious, Cai's worries became deeper and deeper. In order to protect the child and his image, he came up with a way, which was to let a single male employee marry Zhang instead of him. For this reason, Cai paid the male employee a remuneration of 50,000 yuan, and indicated on the IOU that Zhang only had the right of residence. Zhang and the male employee announced that he was the father of the child when they got married. Cai also attended their wedding in person and was secretly happy that his plan was so clever.
However, the unexpected happened. The male employees arranged by Zhang and Cai really fell in love with each other, and after the birth of the child, they became a happy family of three. Zhang gradually lost interest in Cai's father-like age, and when Cai asked her for a divorce, she resolutely refused. Zhang confessed to Cai that she and her children need a stable home, not only will she not divorce, but also plans to sell the house and return to her hometown with male employees. Cai's original plan for perfection was completely shattered, he didn't expect that he had been calculating others all his life, and was finally calculated by his lover. Faced with Zhang's decision, Cai was angry and ashamed.
So, Cai took out the evidence of his own house and sued Zhang in court, demanding to take back the house. He provided all the vouchers that Zhang had when he bought the house, and even the transfer of the money for the purchase of the house was marked by Cai as being used to buy the house. In the end, Cai also took out an IOU written to him by Zhang, proving that the money was only used to buy a house. However, when Zhang saw the IOU, she questioned the authenticity of the agreement. She recalls that when she wrote the IOU, she did not state that she only had the right to live and not the right to buy and sell. She requested that the handwriting on the IOU be identified.
The ending of the story leaves the reader's imagination to whether Cai can successfully reclaim the house or Zhang can keep the house
Grandma Zhou's point of view:
1.Cai has the right to recover his property: According to the evidence provided by Cai, the transfer records of the funds he transferred for Zhang's purchase of the apartment and the IOU written by Zhang, these evidences show that Zhang only has the right to reside and has no right to buy and sell. Therefore, Cai has the right to demand the repossession of his property.
2.Zhang's behavior was unacceptable: Zhang married another man and had a child after getting Cai's real estate, which was obviously a betrayal of Cai. Moreover, after Zhang refused the divorce and asked to sell the house, he also tried to shift the responsibility to Cai, which is obviously irresponsible.
Aunt Zhang's point of view:
1.Zhang should have ownership of the property: Although Cai provided evidence to prove that he had purchased an apartment for Zhang, Zhang submitted that when he wrote the IOU, he did not explicitly stipulate that she only had the right to live and not the right to buy and sell. Therefore, Zhang should enjoy the ownership of the property, not be repossessed by Cai.
2.Cai's behavior was immoral: Cai's attempt to control Zhang and her children through money and power was clearly unethical. Moreover, when he presented evidence in court, he did not take into account Zhang's feelings and interests, which is even more unacceptable.
Legal Opinions:1According to Article 11 of the Contract Law, an IOU is evidence with civil legal effect. The IOU presented by Cai can prove that he did lend Zhang a sum of money for the purchase of a house.
2.According to Article 47 of the Contract Law of the People's Republic of China, the conclusion, amendment and termination of a contract shall indicate the true intention of the parties. If it is found that the contents of the contract have been tampered with, increased or decreased, the court will conduct an appraisal to determine the authenticity.
3.According to Article 164 of the Criminal Procedure Law of the People's Republic of China, if a party raises an objection to the authenticity of the contract, the court may conduct a corresponding investigation and appraisal.
4.According to Article 69 of the Civil Procedure Law of the People's Republic of China, the defendant's objection to the authenticity of the content of the contract shall be investigated and appraised by the court to determine the authenticity of the contract.