"Hot and Hot", which was screened during the Spring Festival, tells the story of Le Ying, who has been at home for many years, after getting acquainted with boxing coach Hao Kun, overcoming the ensuing tests and starting a hot life. Many of the clips in the film seem to be daily, but they hide legal knowledge. Let's find out.
Conveyancing and Transfer
Synopsis:Le Ying's sister Le Dan asked her mother to persuade Le Ying to transfer the property in her name to her own name in order for her daughter to go to school. The mother took out the power of attorney for the transfer of ownership prepared by Le Dan in advance at home, saying that Le Ying only needed to sign it, and Le Dan would do the rest.Q: Can I entrust others to transfer the property by signing the power of attorney privately? A:If the owner of the property is unable to handle the transfer of ownership of the property in person for any reason, he may entrust another person to apply for it on his behalf. The person shall submit the identity certificate of the real estate owner (applicant), the power of attorney and the identity certificate of the person to the real estate registration agency. The power of attorney shall indicate the name of the person, the matter, the authority and the period, and shall be signed or sealed by the principal. It is worth noting that if a natural person disposes of immovable property and entrusts a person to apply for registration, he or she shall go to the real estate registration agency to sign a power of attorney on the spot with the person of **, or go to a notary public to handle the power of attorney to ensure the authenticity of the power of attorney.
In the movie, Le Ying wants to transfer the real estate to Le Dan, not only the two parties can sign a power of attorney privately, but also need to go through a notarization entrustment, or jointly sign a power of attorney at the real estate registration agency. Entrusting others to transfer real estate is not a trivial matter, pay attention to choose a reputable ** person, and follow the relevant legal procedures.
Links to legal provisions
Article 12 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable PropertyThe parties may entrust another person to apply for the registration of immovable property on their behalf.
* In the case of an application for immovable property registration, the person shall provide the immovable property registration agency with a power of attorney signed or sealed by the person.
Where a natural person disposes of immovable property and entrusts a person to apply for registration, he or she shall go to the real estate registration agency together with the person to sign a power of attorney on the spot, except where the power of attorney is notarized.
Prepaid card purchases
Synopsis:Xinli Gym mobilized employees to vigorously promote fitness cards in various publicity methods such as "new users apply for cards to send personal trainers" and "cards to send courses", and Le Ying also chose to practice boxing under the introduction of coach Haokun.Q: What should consumers pay attention to when applying for card recharge? A:When you spend money in barber shops, beauty salons, gyms and other places, you will encounter enthusiastic clerks who will sell you recharge cards with various preferential conditions. This model brings convenience and benefits to consumers, but there is also the risk that the follow-up merchant service is not satisfied and refuses to refund, and even the money in the card is not used up, and the merchant has closed the door.
Consumers should pay attention to the following when choosing to apply for a cardUnderstand the reputation of the merchant, review the qualification and reputation of the merchant in advance, and try to choose a business with a good reputation and stable operation. Read the contract carefully, clarify the scope of use, expiration date, refund conditions, etc., and be wary of merchants using standard terms to restrict consumer rights. Defend rights rationally in accordance with the law. Pay attention to keep all transaction records and communication evidence, and have the right to request a refund if the merchant is seriously in breach of contract and cannot achieve the purpose of consumption. 4.Moderate and reasonable consumption, combined with their own needs, economic ability and other factors to make a prudent decision on the amount of recharge, to avoid waste of resources, kidnapping consumption.
Links to legal provisions
Article 563 of the Civil Code of the People's Republic of ChinaThe parties may terminate the contract under any of the following circumstances:
1) The purpose of the contract cannot be achieved due to force majeure;
2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;
3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;
4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;
5) Other circumstances provided for by law.
In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.
Article 53 of the Consumer Rights Protection**Where business operators provide goods or services in the form of advance payment, they shall provide them in accordance with the agreement. where it is not provided in accordance with the agreement, the agreement shall be performed in accordance with the consumer's requirements or the advance payment shall be returned; and shall bear the interest on the advance payment and the reasonable expenses that the consumer must pay.
Performing other people's works
Synopsis:In order to promote the card, Xinli Fitness Gym invited actors who played the role of Hatomo Zhi in the TV series "Dragon Babu" to help in its anniversary business activities, and sang the classic song "Unforgettable Sutra" on the spot.Q: Does the performance of another person's work in a commercial performance constitute infringement? A:According to the provisions of China's Copyright Law, the works of citizens, legal persons or unincorporated organizations enjoy copyright. Copyright includes personal rights such as the right of publication and authorship, and property rights such as the right of reproduction, distribution, and performance, which are the exclusive rights of the copyright owner and may not be exercised by anyone without permission. In the case of public performances of copyrighted works of others, the performer shall obtain permission from the copyright owner and pay remuneration, except in the case of statutory fair use, otherwise he may bear tort liabilities such as making a formal apology and compensating for losses. If the performance is arranged and planned by the organizer and the performer is invited to participate, the organizer shall obtain permission from the copyright owner and pay remuneration.
As the organizer of this commercial performance, if the actor of Jiumazhi sings "Unforgettable Sutra" according to his planning requirements, the gym shall be responsible for obtaining the permission of the copyright owner of the song for the actor's performance; If the actor improvises and sings other songs, the actor shall be responsible for obtaining permission from the corresponding copyright owner.
Links to legal provisions
Article 38 of the Copyright Law of the People's Republic of ChinaWhere performing the works of others, the performers shall obtain permission from the copyright owner and pay remuneration. If a performance organizer organizes a performance, the organizer obtains permission from the copyright owner and pays remuneration.
*: Wenzhou Intermediate People's Court.
Author: Hu Shuli, Xu Li.
Legal support: Wang Jun, Wang Jingzhou.