Author: Lawyer Zhou Jun.
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Mr. Zhang often uses a laptop for his work. During a teamwork, a new colleague Xiao Wang did not have a computer, so Mr. Zhang kindly lent one of his laptops to Xiao Wang. After a few days, Xiao Wang didn't come to work, asked about personnel, and it turned out that he had resigned. But Xiao Wang didn't return the computer to Mr. Zhang, which was a bit troublesome, because Mr. Zhang had a lot of work files still stored in this computer, and Mr. Zhang hurriedly called Xiao Wang **, but it turned into an empty number, and Mr. Zhang's head instantly grew ......
Fortunately, Mr. Zhang still has an Apple notebook to use, which does not affect his work for the time being, but if he needs to use Xiao Wang to borrow the files on that notebook, he has to remake it, which is very troublesome.
Within a few days, the Apple laptop malfunctioned, often blacked out and could not be used normally, so Mr. Zhang had to find a computer repair department to deal with it. The repair department quickly repaired and notified Mr. Zhang, and when Mr. Zhang went to pick up the computer, he found that a notebook on the desk of the repair department was very similar to the one he lent to Xiao Wang. Knowing that this notebook was waiting to be processed as a second-hand notebook**, Mr. Zhang pretended to buy it, opened it and took a look, it was really his own, the password has not been modified, and the files are still there.
This is great, Mr. Zhang hurriedly asked the other party about the situation, and learned that it was the second-hand computer in the store. Mr. Zhang explained the situation to the other party and was willing to pay for it back, but the repair shop asked for a sky-high price on the grounds that the price was higher, which was more expensive than buying a new machine!
In a fit of rage, Mr. Zhang took photos to collect evidence and took the other party to court. Who knew that the verdict was a big surprise, and the court found that the repair shop had "acquired the notebook in good faith", and Mr. Zhang had no right to recover it!
Mr. Zhang was puzzled, his things were stolen and sold, and he couldn't recover themWhat is a "bona fide acquisition"?Could it be that the judge bent the law for personal gain and found an excuse?
Mr. Zhang consulted a lawyer, who told him that it was not really a problem with the verdict, because the law did stipulate that.
Article 311 of the Civil Code stipulates that the transferee is acting in good faith when he transfers the immovable or movable property;Assignment with a reasonable **;If the transferred immovable or movable property shall be registered in accordance with the law, and the transferee has been delivered to the transferee if it does not need to be registered, and if these three conditions are met, the transferee has legally obtained the ownership, even if the property is bought from a person who does not have the right to do so, the owner can no longer ask for compensation, but can only claim compensation from the person without the right to **.
The lawyer also told him that Xiao Wang should be sued together at that time, so that even if it was determined that the maintenance department obtained it in good faith, Xiao Wang could still be required to compensate. Now if Xiao Wang is still held responsible, he has to sue again.
Lawyer Zhou Jun reminds you here that in real life, some of the following situations will also have this risk, and I hope you need to pay special attention when you encounter them:
1.Items are lent to others for use;
2.Items sent for repair or commissioned maintenance;
3.Items entrusted to others for safekeeping, trusteeship;
4.Storage, storage of items on other people's premises or warehouses;
5.Buying a house in someone else's name;
6.Equity is held on behalf of others.
In these cases, if it is a valuable item, the parties should mark the ownership of the item as much as possible, indicate the owner, the current state (maintenance, custody, storage, etc.), or always pay attention to the property rights, so as to better ensure the safety of the property.
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[Legal basis].
Article 311If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it;Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:
1) The transferee is acting in good faith when he acquires the immovable or movable property;
b) to a reasonable ** transfer;
3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered.
Where the transferee obtains the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.
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