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Chapter 405 Xianyun's Villa (9)

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    ?

    A third party without an independent right of claim refers to a person who does not have an independent right to claim the subject matter of the dispute between the parties, but has a legal interest in the outcome of the case and can apply to participate in the lawsuit or be notified by the people's court to participate in the lawsuit.

    There are two types of third parties without independent claims:

    First, a third party without an independent right of claim has a similar litigation status to the party concerned.  Because although the third party without independent right of claim has a certain degree of dependence on the parties to the litigation that has already occurred, it still has rights or assumes obligations for the subject matter of this litigation.  The dependence between it and the parties is manifested in: only when the party who introduced the third party loses the lawsuit and has the obligation to pay the plaintiff, can the third party be judged to bear the responsibility for the plaintiff;  The determination of the responsibilities of both parties often affects whether the legal relationship between the defendant and the third party is valid or not, and the determination of the responsibility of the defendant to the plaintiff and the third party to the defendant often becomes the confirmation of the rights and obligations between the plaintiff and the third party and the third party.  The basis for the person's liability to the plaintiff.  At this time, the legal relationship between the third party and one party to the lawsuit is implicated in the legal relationship of the dispute in the lawsuit, and the party to the lawsuit involved with the third party will affect the third party regardless of whether the lawsuit wins or loses.  Legal interests, if the lawsuit is lost, the third party will bear civil liability.  Therefore, there is actually a relationship of interest between the third party and the parties to the lawsuit. If any of the three parties leaves the lawsuit, the court will not be able to ascertain the disputed facts, and it will be impossible for the court to make a fair judgment on the basis of sufficient debate.  It is impossible to bypass this lawsuit and allow a third party to bear civil liability to the plaintiff in this lawsuit.  Such third parties who bear civil liability and have no independent right of claim have the right to appeal.

    Second, the real third party without independent right of claim is the auxiliary third party in civil litigation.  The purpose of a third party without an independent right of claim to participate in the lawsuit is to know the situation of the lawsuit. This kind of auxiliary third party can only stand on the side of the party in the lawsuit. Although it can provide evidence and conduct debates, the claims and defenses it provides  There must be no conflict with the principal party, such a third party cannot request withdrawal of the lawsuit, nor can it seek reconciliation, and has no right to claim jurisdiction and appeal.  The way for the third party without independent right of claim to participate in the lawsuit can be applied by the plaintiff or the defendant as the third party without independent right of claim, or the third party can take the initiative to apply to participate in the lawsuit as the third party without independent right of claim.

    Rose's mother, Guo Yun, is over fifty years old, but she is dressed in a gorgeous way, with thick makeup on her face.

    Rose's mother was very clear about the matter between Rose and Lin Yunfei, but she was supportive, and even asked Rose to find a way to get back together as soon as possible.

    Shen Xianyun looked at the appearance of Rose's mother, and cursed in his heart: Old godly woman, like a mother, like a daughter.

    Guo Yun looked at Shen Xianyun's perishable youth, and then at his daughter who looked like a blooming delicate flower. Shen Xianyun was no match for Rose.

    Thinking of Shen Xianyun's torture to his precious daughter recently, his teeth itched even more, thinking about how to teach Shen Xianyun a good lesson in a while.

    The two were thinking about each other in their hearts.

    ? Judge Liu Yifeng did not understand the rivalry between the two, picked up the gavel and tapped it lightly, and then announced: "The case of the plaintiff Shen Xianyun v. the defendant Lin Mei and the third party Guo Yun's unjust enrichment dispute has officially opened."

    Unjust enrichment refers to the fact that there is no legal basis for gaining benefits and causing losses to others.  According to Article 92 of the "General Principles of Civil Law" of our country, "Where there is no legal basis to obtain improper benefits and cause losses to others, the obtained improper benefits shall be returned to the person who suffered the losses."  It is because there is no legal basis for unjust enrichment, so although it is a fait accompli, it is not protected by law, and the beneficiary should return the unjust enrichment to the victim.  This kind of right-obligation relationship is the debt of unjust enrichment.  The recipient of the unjust enrichment is called the beneficiary, who is the debtor of the unjust enrichment debt, and has the obligation to repay the debt.  The debtor's right to repay the creditor's right.

    Liu Yifeng said: "Now find out the situation of the parties in court."

    Lin Ziyao said: "The plaintiff, Shen Xianyun, female, attended the lawsuit in person, and entrusted Lin Ziyao, a practicing lawyer from Zhonghe Law Firm, to represent her in the lawsuit. Power of attorney: special authorization."

    Rose and her mother, Guo Yun, jointly entrusted lawyer Zhan Qiong to file the lawsuit.

    Zhan Qiong said: "The defendant Lin Mei, female, appeared in court to respond to the lawsuit; the third party, Guo Yun, female, appeared in court to respond to the lawsuit in person. The defendant and the third party jointly entrusted lawyers Zhan Qiong and Ruan Xiaohui of Zhongtian Law Firm to represent the lawsuit  , delegate authority: special authorization."

    Liu Yifeng: "Do the three parties have any objections to the other party's court personnel?"

    Lin Ziyao asked Shen Xianyun sideways, and then replied: "No objection."

    Both Lin Mei and Guo Yun shook their heads, said: "No objection."

    Liu Yifeng said: "I am the sole judge of this case, and Li Hua is the clerk. Whether the plaintiff, the defendant or the third party has any objections."

    Lin Ziyao and Zhan Qiong said: "There is no objection."

    Zhan Qiong: "Next, let the plaintiff state the claims and factual reasons."

    Lin Ziyao said: "The defendant, Ms. Lin Mei, received a set of villas from Mr. Lin Yunfei as a gift on June 5, 2016. The villa is located at No. 7, Tianjiang Lijing Community, No. 78, Linzhong Road. The villa was paid in full by Mr. Lin Yunfei. In May 2017,  Ms. Lin Mei transferred the disputed villa to her mother, Ms. Guo Yun, the third person in this case, in the form of sale.  Ms. Lin Mei's mother is Ms. Lin Mei's mother. Therefore, Ms. Lin Mei's house transfer is called a sale and is actually a transfer of property. The plaintiff, Ms. Shen Xianyun, and the donor, Mr. Lin Yunfei, are husband and wife, and Mr. Lin Yunfei used the house purchase money for the villa  It is the joint property of the plaintiff and Mr. Lin Yunfei. Since the purchase price of the villa is more than 10 million yuan, which does not fall within the scope of the husband and wife¡¯s reasonable personal expenses, Mr. Lin Yunfei¡¯s donation behavior did not obtain the consent of the plaintiff, Ms. Shen Xianyun. Therefore, Lin Yunfei  Ms. Shen Xianyun, the plaintiff, requested to revoke Mr. Lin¡¯s gift as an act without right to dispose of it. Ms. Lin Mei still accepted a large amount of gift knowingly about Mr. Lin Yunfei¡¯s marital status.  The villa should be returned."

    Disposal without right refers to the legal disposition of other people's property in the name of the perpetrator without the right to dispose.  (Remember the site URL: www.hlnovel.com
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