标题: is not liable for lost people [打印本页] 作者: fgutuc9u 时间: 2014-11-4 22:22 标题: is not liable for lost people Justice Network Beijing July 30 (Reporter Shi Yanyan) Recently, a number of media exposed after ",http://pychw.com/forum.php?mod=viewthread&tid=231125," The article came out hot lead the public to become self "Nanjing Peng Yu case help people", "Shenzhen Liang picking up gold case" The third sentence deviate due to widespread public awareness and trigger a boom in cases of doubt. In this regard, the Beijing Second Intermediate People's Court judge handling the case had to respond, said that the court's decision fair, no problem.
Justice Net: how the Court finds that Ms. Wang lost ring is provided in the invoice her alleged ring,moncler milano?
Once the judge: Legally, who advocate who proof,moncler outlet online, in this case the plaintiff claims she lost her ring is worth tens of thousands of invoices to purchase the ring, she submitted an invoice of purchase, the jewelry company also issued a proof Ms. Wang bought a diamond ring. Then she accidentally lost the ring, and to the public security organ called the police, have reported record, from the chain of evidence is complete, and the court can identify the bird Wang lost ring that she provided invoices to purchase ring.
From the opposite side, Zhang picked up a diamond ring will certainly be questioned, which is understandable, but to rise to the level of law and fact,outlet moncler, questioned the need for the defendant to adduce evidence to prove themselves. For example, Zhang put forward their case picked up the ring is a fake, or whereby invoices referred to speculate rings and rings themselves are not picked one, which requires the defendant to provide their own evidence.
Justice Net: netizens have questioned to monitor definition video, the ability to image the rocket missing "ring" and Wang alleged rocket carried 4.6 million yuan in the same ring identified?
Once the judge: from surveillance video can be seen in Wang Zhang place really picked up off the ring, but did not clearly see the details of the ring.
Wang described the plaintiff, rubbed her hand in the car when the oil will come off the ring on his lap, get off forgotten, so the ring out in the parking place. The video shows the defendant Wang Zhang and his girlfriend after the car and saw the ring and picked it up. Zhang found the public security organs, he admitted.
Justice Net: Lost Ring How do evaluate prices judgment?
Once Judge: Ms. Wang is mainly provided proof of invoices and jewelry company issued basis. Of course,http://www.healthcarehall.com/viewnews-47942.shtml, the premise is recognized Ms. Wang lost ring is a ring invoices to prove,piumino moncler, if this premise does not hold, the price evaluation judgment is untenable.
Justice Net: Judgment mentioned,http://swinglife.co.uk/forum/YaBB.pl?num=1415097573/0,woolrich milano, "Zhang Lost Property not safekeeping, and has caused the loss of subjective intent," "subjective intent" is how to identify it?
Once the judge: the decision is mainly based on the case of "Property Law", Article 109 of the Act provides that "Lost Property shall be returned to the right people." In other words, no matter how long the Lost Property,moncler outlet, Lost Property The change of ownership is not going to happen, people should be returned to pick up the missing person, a principle which is the legislation.
Keepers have a legal obligation to a return from this obligation also extends two obligations,woolrich uomo, one is promptly notify and transfer of obligations,http://www.tjshfw.cn/forum.php?mod=viewthread&tid=123684, that is,moncler milano,http://www.xz-hr.com/?action-viewcomment-itemid-50, "Property Law" stipulated "Keepers shall promptly notify the right person to receive or send pay public security departments "; there is a custody obligation, that is, before the return of lost property or transfer of lost property should safekeeping Lost,spaccio woolrich,http://vtsc58.com/home.php?mod=space&uid=11469, if not keep it, may have to bear the legal consequences.
That case, Zhang said he picked up the ring to his girlfriend on the back of the bag, and later went to other places, in fact, has been out of the scope of surveillance. Since Zhang put things away to pick up, it should be an obligation safekeeping, and later Zhang said he believes the ring is false to readily throw, in fact it is extremely irresponsible for the property of others. While this loss of expensive diamond ring missing people is not fair.
In addition,piumino moncler, Zhang said he picked up the ring to throw, and the fact that because he was unable to provide evidence,woolrich donna, the court shall not be accepted. Zhang lost property held for this laissez-faire attitude can be identified from the legal terms for indirect intent, he did not do due to the obligation safekeeping, causing significant property damage lost people, should bear the responsibility.
Justice Net: The idea that Wang lost ring should bear the primary responsibility for their own, others pick up discards is secondary liability,giubbotti woolrich, you agree with this view? Do not liable for loss of principal?
Once the judge: There is no emphasis on this issue from the spirit of the law is concerned, because the loss of subjective and do not want to lose something that could be caused due to negligence, infringement of this and other disputes is not quite the same. At present, from a legal perspective, is not liable for lost people, lost people have claimed Keepers returned. Also, if people have a reasonable finders fee in the custody of the lost property, this cost should be borne by the owner.
The court Background:
Ms. Wang in a parking lot lost a diamond ring, claiming the value of 4.6 million yuan. Site of the incident police retrieved video data and found that Zhang Picking a diamond ring. Zhang also admitted that he did pick up a ring, but argued that it was considered to be discarded fake diamond ring, did not care. Court of second instance, after hearing that Zhang did not take good care of the Lost Property,http://237.newfine.net/home.php?mod=spacecp&ac=blog&blogid=, and has caused the loss of subjective intent,http://www.swindonreds.co.uk/forums/t/328865.aspx, shall indemnify Wang 4.6 million yuan.