27 Jul 2008

The woman to divorce her husband can heirlooms?

Lightning 3 months ago and married Sally Wang and Lightning divorce, the divorce three months later Sally Wang reminded the hands of one "heirlooms" in the divorce did not clearly separated. "Marriage in the day, his father once gave him a bank safe keys, is said to him 'heirlooms'." Yesterday, the home of Sally Zhenhua Lu told reporters that at the time of divorce she has neglected this items of property, she To the court to prosecute for the half.






Was love at first sight three months after the marriage

"We was love at first sight, after the marriage feel inappropriate." Sally told reporters that in January this year, she and her ex-husband Wang in the company gathering was love at first sight, love three months later, the two met after both parents decided to get married.

"I am 28 years old, his 30-year-old, to the marriage age, although very hasty marriage, but both parents had no opinion." Sally said, married the same day, Wang's father in front of her one-handed Wang Bank of the keys to the safes. "This is also the heirlooms passed on to you, you have to make good save after I pass grandchildren……" Wang's father drunken said. Married Sally Wang found the body of her hide flaws, this Chaode Bukekaijiao two, three months after they divorce agreement.

After the divorce recall "heirlooms"

"Signed the divorce agreement, we have two clearly the division of property in vain, but this' heirlooms' to forget." Sally said that after marriage she has not seen this "heirlooms", only occasionally hearing Wang said this several things they generation of the family. She believes that small Royal Bank of rent in the safe preservation of this "heirlooms", which certainly something valuable.

Wang then contact the reporter, he heirlooms do not want to talk much about, that is only a down from ancestors to upload the porcelain, commemorative significance far exceeds the actual value. He said his family heirlooms from generation to generation is something that Sally can not separate eligibility requirements.

"Heirlooms"

Not as common property

Shandong's subsequent advisory and the source of the law firm of Wang Wentao lawyers, he said, according to Xiao Zhang and Wang both said, this "heirlooms" Although the two married after the gift, but in itself is a small Royal Things from generation to generation, according to "Marriage Law", this property is generally not as common property of husband and wife, Sally unless the father can prove that at the time Amy is the "heirlooms" presented to them both husband and wife, otherwise she have no right to demand partition This property.

Station wrong time delay of passengers who bear responsibility

At about 2 pm yesterday, in the delay of nearly four hours after the Nanbu Xian to seven passengers finally boarded a bus terminal in the Chadian Zi the bus to go home. In this connection, a high-speed southbound traffic enforcement detachment of staff said that as the bus was operating list and the number of written security card records do not match, for outside boarding.

Does not match the number of

Bus investigation by law enforcement officers to return to the passenger terminal

Yesterday 13:30, the reporters in Chengdu Chadian Zi Terminal to see the driver to thank all the parties-and seven passengers. All-Wei Hsieh said that this time the passengers to the south. He said, 10:00, driving his bus on the A46084-a total of eight passengers, two of the nine o'clock to buy votes, because the delay will take the car. Ballots, a child need to pay for fare adjustment?, Bianyou purchased a temporary Banpiao. However, print out a list that shows only the operation of the purchase of 10:00 minutes of the votes of the five passengers, plus a handwritten Bianyou 3. "According to regulations, after working on documentation manual Butian scheduling, tellers, car side signature to take effect."






To stand, An Jianyuan record in completing the security card, because the negligence of the eight people the wrong fill a seven, full-Wei Hsieh did not care, then the departure. To the south can be a high-speed toll stations, several traffic enforcement staff found that the number of discrepancies, and operating a list of Butian the number of suspected for outside boarding, full-Wei Hsieh asked to accept treatment.

All-Wei Hsieh himself there is nothing wrong with that, in the Zankou the operating permit, the list of passenger services and security record card, holding eight passengers to return to the Chadian Zi Terminal.

Aggrieved passengers

Delayed birthday bear responsibility for doing business »

Sitting in the passenger terminal of the hall, seven passengers back to the south of anger不已. Living in the Southern Song Shijie sigh too, said that at noon yesterday, they are a people living in the southern part of a 87-year-old grandfather's birthday, he was home with his son birthday, did not expect problems because of travel delays. Some of the passengers but Mr Chow, who is southern rivers fruit, because on that day to house guests at a wholesale fruit, he hurry back to business, and guests from 11:00 until now, "If the loss of business, I have to find their claims . " Passengers said that buying their own car, but because law enforcement officials and the station's reason for the delay normal work and life, really should not.

Law enforcement officers

Caused by the driver refused to accept the punishment

Reporters arrived at the South into the high-speed traffic enforcement detachment office, in the morning, the staff said, was grateful to the master list of passenger services and security record does not match the number of cards written, and operating on the list have traces of artificial fill, work Officers suspected the car outside the station for boarding. "If the driver received treatment, it can take passengers to leave," staff, told reporters, taking into account the passengers on board, they will demand of them in dealing with single-sign on the bus away. But thank the chef does not accept treatment, law enforcement officers in the operation of Zankou his license, passenger services and security record card list, holding passengers to return to the Chadian Zi Terminal.

Subsequently, a bus terminal in the Chadian Zi surnamed Luo find competent leadership, Luo said, because the driver did not check passenger services and security records list the number of cards, in which passengers delayed by nearly four hours, although the driver did not stop, boarding, but still Bears some responsibility. The recipients said that in the future will be strict requirements drivers, Anjian Yuan's work, standardize operations, to avoid similar incidents.

Eastern Sichuan land law firm of solicitors that Wang Hao, passengers from the bus terminal to buy tickets, tickets of the parties is a contract of carriage, bus on the obligation in a specified time, the passengers sent to the designated locations. Due to force majeure reasons for delay, the passenger terminal from time to bear liquidated damages, but should take the relevant remedial measures. If the bus because their own reasons for the delay, passengers should be given compensation.

Park cars in the parking lot lost the Zaban

Within half an hour, two people in the urban consumer Lianhua Supermarket, parking in the supermarket parking lot of Bicycle missing. After the incident, police in the investigation, saying the two did not discuss the supermarket to get attention. July 12, the two victims to reporters about their experience.

Subject

2 customer within half an hour lost car

At 20:40 on July 11, the public Zhang Shengyou Century Lianhua to shopping, and more than a month ago to 1,650 yuan to buy the Bicycle parking in the supermarket's "motorcycle parking spaces." 21:10, Zhang Shengyou found in the park, its Bicycle missing.






The same day around 21:10, another member of the public Zhang Ling Peng will also be parked in their Bicycle Century Lianhua Supermarket "motorcycle parking spaces." Ten minutes later, he returned to End shopping parking also found Bicycle disappeared. Zhang Ling Peng said that he is the Bicycle July 3 spent 2,200 yuan to buy the car a set of overalls, a pair of shoes, a raincoat and a helmet.

The two victims said they parked Bicycle, all on the anti-theft locks, did not even think of locking vehicles were reported missing.

After the incident, the two victims call 110 report, the City Public Security Bureau in Henan Province-shore police station rushed to the scene.

The victim

In shopping malls should be subject to consumer protection

The reporter saw the supermarket parking lot with "the motorcycle parking" signs, but also with "automatic Bicycle, Bicycle parking spaces" signs. In addition, the "Special Alert" signs read "a friend of the parking lots only consumer vehicles free parking, and live up to any custody, damage compensation responsibility."

Zhang Shengyou told reporters that his evening to the supermarket to buy drinks, is the supermarket consumers. And their Bicycle theft in supermarket car parks, supermarkets should bear some responsibility. Zhang Ling Peng that the supermarket's "motorcycle parked in the" suspected of misleading consumers. Because the parking areas with security Kong, another security guard on duty, so that consumers think that this is a very safe car park. Because of the lack of parking lot lighting, "Special Alert" signs do not know the contents, supermarkets should bear some responsibility. Zhang Ling Peng said that he is after the supermarket review, but the people responsible for this matter has not seriously, this approach is angry.

Zhang Ling Peng and Zhang Shengyou agreed that, while supermarkets did not receive custody fees, but established by the "Special Alert" signs are "King signs", a violation of the interests of consumers.

Supermarket

In fact, occurred the same day Bicycle theft case

July 12 morning, the duty manager of Lianhua Supermarket days Yang Yan told reporters that July 11 night really happened Bicycle theft cases, the police responsible for handling the matter.

The two supermarkets that the victim compensation that should be carried out, Yang Yan-day, bluntly said: "There is nothing view, what view will not be published." Subsequently, Yang Yan-day refused a reporter's interview.

In the afternoon, journalists from the Police Department confirmed the Century Lianhua Supermarket consumers in the "motorcycle parked in the" Bicycle theft matter.

Lawyer

Supermarket is wrong should be Tam loss

Guangdong 000-lawyer firm grounds that Chen Shengwen lawyer, China's "Consumer Protection Law" clearly provides consumers in the purchase, the use of goods and services acceptable to the person, property damage from the right, and operators may Endanger the personal and property safety of goods and services to consumers should make clear the real note and the warning, and identify and explain the proper use of goods or receiving services to prevent harm's way and the method.

In addition, China's Contract Law provides that "the custody period for the custody of the custodian Baoguanbushan cause damage, loss, the custodians should assume liability for damages, if kept free of, custodians prove that they no significant fault, and not assume damages Responsibility. "However, as supermarket operators, and the provision of car park is to attract the consumer to consumer, is one of the services, regardless of whether charges should be made to the supermarkets have custody of obligations. The victim's Bicycle is lost when shopping at the supermarket, the supermarket there fault, the victim must bear the loss.

Related links

"People's Republic of China Consumer Protection Law" Article 7: "consumers in the purchase, the use of goods and services to accept personal and property security is not damage the rights of consumers have the right to require operators to provide the goods and services, in line with Protection of personal and property safety requirements. "

Article 11: "consumers for buying, the use of goods or services received by the person, property damage, have the right to compensation in accordance with the law."

Article 18: "operators should ensure that the provision of goods or services meet the protection of personal and property safety requirements. Likely to endanger the personal and property safety of goods and services to consumers should make clear the real note and the warning and Help identify and correct use of goods or services to accept the methods and ways to prevent the harm. Operators that provide goods or services there are serious flaws, even if the proper use of goods or services are still likely to accept the personal and property safety hazard, it should be Immediately report to the relevant administrative departments and inform consumers and to take measures to prevent the harm. "

Splashing the air-bus injured pedestrians who select the Tam

On the 13th morning, Mr Cheng and his wife sit-fire after three rounds of unity Pixian County town of 310 road outside the bus terminus, a passing 310 bus suddenly the air, splashing the stone will be two elderly people wounded. Elderly people were taken to hospital, from traffic police to investigate the accident, but the medical expenses of the Who will pay »

Accident: flying stones and his wife injured

63-year-old Mo-10% and 60-year-old Xue-hui had more than a month ago from Chengdu to unite the town of Pixian County, in the care of small Xipu Dugao Yi Yan's granddaughter.






Furniture has just moved into new home is not all. Yesterday, 9:15, they go out to buy food. Get a fire three rounds, is one of three open Abai, there are two on board the Hong Kong Polytechnic University students. When the fire closed three rounds of solidarity 310 bus terminus in the town of the road, because this section of road construction, some non-formation, had a tricycle compared to master. A 310 bus from behind to pass through, just drive around at the couple had heard of-"Bang" a sound and then felt the right eye Huo Lala. Yima hands, eyes red blood along the straight downstream. Efforts to open his left eye, was found close to his wife Shuangshoubaotou, bleeding in the left ear. Close to two college students, screaming "bloody", passed by the public immediately halt the bus.

Where: 3:00 to the provincial hospital

Bus stop, passing the 110,120 Haoxin Ren has long been calling. Bus drivers stopped cars, an inspection found that the right is a tyre exploded. Soon, the couple had been in Wai-up, we raise them under fire three rounds on the ground. Traffic Police arrived within minutes, asked about the situation, the Chinese medicine hospital in Pixian County 120 cars rushed to the emergency.

14:00, two elderly relatives will be transferred to the provincial hospital. Provincial hospital again for two elderly people to do a detailed inspection, Mo-a fracture of the left ear had been sutured, but the situation had Xue-hui is not optimistic. Xue-hui has the right eyeball split a Kou Zi, vice chairman of ophthalmology physician Dr. Wu said that she had been the only eye can not see light at night for her surgery, but surgery may have lost forever bright.

Compensation: after surgery and talk about the company

In order for the first time in two elderly get medical treatment, a person Zitaoyaobao pay medical expenses for the elderly. Couple's daughter-Britain said that she would like to now what are Gubu Shang, parents just want to quickly get better. Xue-hui had a nephew on condition of anonymity, said that after surgery, such as the elderly, will go to the hospital with injuries communications and traffic police team to look for traffic police, with the parties and bus drivers and company sit down and talk.

Bar argument

Accidents involving the Quartet

Sichuan Road Shek Pukui law firm lawyers said that the accident occurred when a quartet at stake. First Bus drivers on behalf of the bus company, bus in Chuche ago, the company has the responsibility and obligation of the tire, machinery, etc. overhaul. Second, the owners of the road, he has the obligation to protect the road formation; three if the road is under construction, the construction units to make management responsibilities; Fourth fire three of them, but because the master is in the normal course of driving, without any fault, So do not assume any responsibility.

Does the consumer pay for the disinfection of tableware

A week ago, the city of Urumqi, Mr. Chang in a restaurant for dinner, after dinner bill at checkout check found more food costs, staff explained that they use a specialized company to provide disinfection disinfection dishes, one yuan per person to be charged "tableware Fee. " "Hotel itself has an obligation to provide health, clean and qualified disinfection tableware, why should other charges» "Mr. Chang made a telephone hotline, put forward their queries.






Consumer: food restaurants disinfection is the obligation and responsibility

July 12, on the 13th day weekend, the reporters to the identity of consumers visited the Wushi some restaurants. On the Yangtze River in a restaurant, journalists and friends just sit down, the table has Baihao the disinfection of tableware, the disinfection of tableware, including a Xiaowan, a plate, a teaspoon and a pair of chopsticks, wrapped with plastic film outside the top paste , "Charges one yuan" label, plus a package of napkins. Reporter noted that the table next to several of the guests chose the restaurant cutlery, dining, Liu said, to provide qualified health food restaurant is the responsibility and obligation as a disinfectant or buy their own restaurant outside the company's professional disinfection disinfection tableware, Is the restaurant own business, how can the amount passed on to consumers the head. She said that reject the use of disinfection of tableware charges.

Beijing Road in a pot of the city, reporters saw nearly half of consumers eating selected disinfection Wankuai. Reporters asked Miss Li is eating utensils charges of disinfection view, in her view, restaurant tableware cleansing and disinfection of the costs were part of the operating costs, already included in the price of food, restaurant As for the disinfection of the way through, not with the consumer Relations, we should not repeat charges. From Fuzhou, Mr Liu said the tourists, many cities in China have similar practices, in his view, restaurant tableware disinfection is the basic obligations and responsibilities, if the "disinfection fee" charges could be the case, according to this logic, consumption Whether for restaurants to other disinfection facilities bear the related costs, if the cost of reasonable, it would mean that consumers in personal hygiene and safety for the restaurants pay the.

Trade and Industry: Consumers have the right to know and the right to independently choose

-- Trade and Industry Bureau in Urumqi, when interviewed by phone who was in charge of handling complaints of staff, ensure health of consumers dining restaurant operator is the responsibility and obligation that consumers have the right to know when dining and independent right to choose, that is, Costs associated with the right to know in advance »restaurants should be all the fees that are denominated codes. If the restaurant tableware and costs disinfected, it should inform the fees charged, and tell consumers in advance, if not indicate charges, and afterwards it should not be charged. Once customers do not want to use the shop to provide the charges utensils, shops must comply with health standards to provide food to consumers.

Lawyers have also have their own views. Xinjiang Tianyu, a law firm lawyers told reporters that now collect one yuan Urumqi restaurant cutlery sets for a more common phenomenon, in which case, if the restaurant is selective tableware, consumers can choose the restaurant-owned Free food or charging "disinfection tableware," but if the restaurant charges can only provide a "disinfection tableware," so that consumers can not choose, then the acts of restaurants are mandatory spending, is a violation of relevant laws and regulations, consumers The right to refuse.

Restaurants: only company to disinfect the collection of money for one yuan

Tianjin on the "old hotel in Sichuan" is a medium-scale restaurant, the manager told reporters, charging them to use utensils for a long time, if customers pay tableware raised objections, put restaurants on their own tableware. He said: "We own tableware is also a qualified health, but professional is professional disinfection." The implication seems to be a very tableware charges more assured, when reporters questioned charges should be disinfected utensils Who will bear, the manager said, If the burden on Restaurant Disinfection tableware, more than a year to pay down a large sum of money. Now the restaurant industry profits thin, we have to consider cost.

In the interview, some restaurant managers have expressed the same view, the introduction of charges tableware is because it is relatively health, professional disinfection of high-temperature sterilization company, customers use before the Chaibao, thus avoiding secondary pollution. Restaurants and food while also providing a high-temperature sterilization, but it is difficult to avoid secondary pollution. As for the use of one yuan fee is paid to the company's tableware disinfection, the restaurant is only the collection of fees only.

Disinfection of the company: to provide restaurant tableware disinfection 0.55 yuan per set

In order to ascertain the facts, July 10, reporters need to open large restaurants and food under the pretext of the city a disinfection contact the company's business manager told reporters that at present the city as they scale of the companies have more than a dozen. He promised to disinfect food can provide the lowest price, 0.55 yuan each, he added: "The original to 0.8 yuan per set, intense competition, only the price cuts, utensils 0.55 yuan each have our line Of the reserve price. "He's out to be the disinfection of tableware calculation: a set of tableware disinfection of the costs including electricity, water, wages, distribution and transportation, coupled with matching napkins, a set of tableware disinfection of the cost of close to 0 .5 Yuan. Finally, he stressed that the charge is 0.55 yuan meager profit, disinfection methods to take far-infrared heat disinfection and cleaning sterile packaging, is to reassure consumers.

The manager also told reporters that "every customer with a set of tableware charges one yuan, a restaurant can earn profits of around 0.4 yuan. 200 customers per day, single-this one, a restaurant every day Will increase the net income of 80 yuan. This small and medium-sized restaurants, is also a sum of income, and some restaurants use disinfecting utensils, a few thousand dollars a month on earnings, but also in energy saving water, saving staff wages. "He persuaded Journalists, put on the table as long as the disinfection tableware, that is acceptable to consumers, in particular, inviting guests to eat, will not care about the money.

-- Testimonials

Tableware charges are violations of the obligation to transfer

Disinfection of tableware sets because of their environmental, health, has been welcomed by consumers, but at the same time, the majority of consumers oppose the restaurant to disinfect the cost passed on to consumers.

According to China's Food Sanitation Law, Consumer Protection Law and other laws and regulations, dining utensils are in the process of essential supplies, to provide consumers safe and healthy dining environment and tableware, catering enterprises is due statutory obligations. In an interview with reporters, many lawyers believe that restaurants will be free to fee-for-service tableware, is actually a disguised form of consumers agreed with the lower standard of service »is the transfer of duties violations. Many consumers also think that if restaurants have provided food standards, then there will be no need for consumers to use another money packaged disinfection tableware if restaurants provided food can not achieve health standards, it should be by the relevant departments to perform their duties and mandatory Restaurants provide qualified tableware. For catering enterprises, the costs are the costs incurred by the enterprises themselves should be charged a one-time charges tableware is in fact repeated charges to consumers, fair to consumers lose.

Indeed, according to an interview that the case, a set of tableware disinfection of the factory 0.55 yuan, one yuan of money to consumers, the hotel at least Nengzhuan 0.45 yuan, but not other employees brushing utensils, at least in the A dishwasher the wages of workers, not only cost savings, but also ensure the health. The disinfection of one yuan for the money passed on to consumers, the restaurant became the biggest winner in fact.

Bought a second-hand can not move into the accounts of the Zaban

Mr. Tang Jian Yequ intend to buy a second-hand housing, through an intermediary companies, in June to select the appropriate availability, and signed a contract for the sale and the seller, can think in new home soon after, Mr. Tang a Duting Happy. However, the matter is far from being as simple as he thought, because Mr. Tang was later found that the housing accounts in the original contract agreed not to move out of time, but not the seller agreed to refund 146,000 yuan Fangkuan contract and the suspension, addition, the intermediary company in Urging him to pay 6,800 yuan for the intermediary, Mr. Tang depressing .






Purchases: Accounts dispute is a headache

"Originally encountered very pleased appropriate availability, good quality houses, prices are moderate operator, signed a contract for the sale was on, when I check the next day to the police station after only know that this suite to the accounts of the house is not selling Home, but the original owners, and is due to gambling mortgage property. "Mr. Tang later was informed that the Department of Maifang property were purchased before May.

"House near the door in Hanzhong, a total of about 640,000 yuan, I would first pay the 146,000 yuan the first payment, buyers and sellers in the contract agreement, in the pay of 390,000 yuan, will be me and my family to move into the accounts The property, the balance due after the closing, to complete transactions. "Mr. Tang told reporters on the general situation. He said that the contract before the vendor rely on their commitment to the "My Account, in certain July 10 to move out" and an intermediary company also said that the seller's account, so he paid 146,000 yuan to the first paragraph .

Involves the issue of third-party accounts is a headache for Mr. Tang, in his view Maifang deliberately concealed the problem misleading accounts he signed the contract and the contract to the "July 10 move out of account" after the deadline, the problem still does not account Solution, Mr. Tang would like to suspend the contract with the seller but were refused.

Intermediary side: intermediaries are also victims

On the intermediary fees, Mr. Tang to the intermediary company made 6,800 yuan in Qiantiao, but because he wanted to stay with the seller's contract transactions, so the intermediary to pay fees, intermediary companies expressed very helpless.

-- Connection of the senior management of intermediaries, in his view, before signing the contract, the seller commitment to adhere to "their own accounts, and in July 10 to move out," intermediaries were also fool the party, were also victims. Intermediary fees on the issue, the industry believes that as long as the seller and the buyer signed the contract transactions, the intermediary would have the right to get a commission, Mr. Tang has been in arrears 6,800 yuan intermediary fees should not happen.

And Mr. Tang held that the seller with an intermediary and that the account is Maifang, and can move out within the agreed period, he signed a contract with an intermediary on the matter jointly and severally liable. To this end, the reporter interviewed a Nanjing Carefree Real Estate Limited Cuirong Li, chairman of brokers, in her view, "intermediary companies will tell the seller and the buyer before the contract accounts, but if the seller intentionally fraudulent contract fraud, the intermediary and purchases People are victims. Intermediary is not the right person to the police station Maifang investigation of the accounts, only I took the property rights and identity cards to check the accounts of the house. "

Counsel: the right to hold people responsible Maifang

It is understood that the June 19, Mr. Tang pay 4,000 yuan in deposits at the signing of a tripartite contract, breach of contract, agreed to be compensation for loss of 10,000 yuan; June 24, pay 146,000 yuan when the first payment has signed a contract for the sale, no agreement Breach of contract responsibility.

Mr. Tang will suspend their contracts and recover 146,000 yuan this, the reporter had an interview with the Nanjing Road Geng Xiaorong law firm lawyers. Counsel said that the purchases will move into their accounts by the purchase of housing, people buy a house and is able to effectively use the future are closely linked to one of the issues. Therefore, under normal circumstances, the seller and the buyer will be a contract for the sale of the housing when people buy a house can be moved into their accounts by the Housing Authority to purchase agreement.

Even without the agreement, housing and property rights trading was traded within the housing problem of the relationship between the accounts in accordance with the law should also be like this: 1, housing transactions of property rights is a contract behavior. 2, the purchases will move into their accounts to purchase their own homes, buy a house is a natural person accompanying the contract should be given the rights and interests of the Housing Authority to contract and the seller should bear the accompanying obligations. Therefore, the Housing Authority to buy a house the seller can not guarantee a timely manner will move into the accounts by the purchase of housing, is to assume legal responsibility.

Now, the seller could not guarantee housing to Mr. Tang's account to move into the normal housing, the Housing Authority to the seller did not sell out completely fulfill the obligations of the specific performance of the housing intermediary does not have to completely fulfill the specific content of intermediary services act. Mr. Tang to the seller the right to hold the relevant legal obligations, the right to pay an intermediary services. Mr. Tang held housing to the seller related liability claims, should this law to exercise their right to choose their own ways: 1, the seller asked the Housing Authority to sell the full implementation of the contract, can not bear the full implementation of betraying the contract responsibility or liability for breach of contract; 2, there is evidence to prove that the seller is a malicious accounts will not solve the existing disputes of housing, based on the risk and will pass on to sell their housing situation, Mr. Tang have the right to demand the lifting of the housing contract for the sale, to recover its 14.6 Million to the seller and to hold accountable the corresponding liability.

Bus passengers how to claim casualties spontaneous combustion

Recalling the incident

May 5 am, near Shanghai, Huang Xinglu the right road near a 842 Bus fire that left three people dead and 12 injured.

According to reports, at about 9 am, City Public Security Bureau, 110 Command Center received a report of the Yangpu District Huangxing Lu and around the right road near a 842 Bus fire. Police quickly mobilized to fire stations, traffic police corps, the Criminal Investigation Division, Yangpu Branch, and other relevant units to the scene to dispose of. Shanghai Emergency Response Centre in uniform scheduling, and public health departments immediately started rescue work, will be the victims rushed to hospital. Fire departments in the fire within half an hour after the fire fight. As of 11:00, the fire has caused three people were killed and 12 others were injured.






Reporter injured in the hospital's Changhai Hospital emergency department that more than 10 injured are lying in bed for treatment. Most people's hair, eyebrows were burned, head, hands, body and legs are different degrees of skin burn.

Shanghai Municipal Public Security Bureau issued a circular official said initial investigations by the police, fire department passengers on the train carrying inflammable materials caused by. After further investigation, the police confirmed on the 6th of inflammable goods items for oil, two women have confirmed the identity of the deceased, all residents of the city of Shanghai and another male identity of the deceased is being further investigated. Shanghai police said the incident in-depth investigation is continuing.

Bus companies: Air-conditioned car to escape hammer was more "Shunshouqianyang"

March-April of this year, Nanjing series of two buses travelling in the way of self-ignition accident, but fortunately no casualties. Shanghai bus to the spontaneous combustion of three dead 12 injured in serious consequences, once again sounded the bus traffic safety alarm.

North of the company responsible for the security of YAO Li Kan-chief, told reporters in the first 35 Bus Accident spontaneous combustion, the bus company, the passengers, bus stations and other units of law and order has to take urgent measures, all of the Nanjing Public Transport Car security risks to rule out the possibility, more than 1,400 diesel bus rear-engine fire-fighting equipment were all replaced. Recently, relevant departments will be organized on the bus and other vehicles for social security inspection.

It was learned that Shanghai's air-conditioned bus caught fire because the windows can not open, to a certain extent, delayed the passengers to escape. In response, Yaoke Zhang said that at present all air-conditioned vehicles in Nanjing at the factory are equipped with escape hammer, so that in the event of an emergency, passengers can quickly Zakai windows to escape. However, air-conditioned vehicles in use, because the driver could not care, some passengers were quickly "Shunshouqianyang," Some children were back Jiadang a toy, lost in general. At present, the company has lost the escape hammer Peiqi. Here, Yaoke Zhang also called on the general public, in order to public safety, not to escape hammer away.

Yaoke Zhang said that in this accident, the passengers on the train, and bus companies to establish a de facto contract, bus companies will be obliged to reach the safety of passengers and destinations. If the middle of an accident, compensation from the bus company, bus company claims to the insurance companies. Take full responsibility for public transport companies in the circumstances, the current standard of Jiangsu's death compensation in 28 million, the disabled passengers as the appropriate compensation for injury.

Counsel: Passengers may suffer injuries compensation to Apply for

Jiangsu Liu Hong, Zhang Bao law firm of lawyers yesterday in an interview with reporters, said that in the cause of the accident is not the case, asked the victims to whom the issue of compensation is rather complicated. The first case: the event of spontaneous combustion because of the vehicle itself or because the driver of the vehicle caused by the victim and the victim's close relatives to the bus company for damages. Compensation for specific projects under the victim's actual situation and the "People's Supreme Court on personal injury compensation cases before the law applicable to the interpretation of a number of issues" to determine the relevant provisions. Compensation for victims of specific projects are: medical expenses, hospitalization subsidies for food, Wugong fees, transportation costs, operating expenses, and the identification of the disabled have a disability compensation, disability and assistive devices for the spirit of damages ; Compensation for the deceased specific projects are: funeral expenses, dependants living expenses, and compensation for the death of close relatives to the victims compensation of damages. In addition to the spirit of damages, compensation for each item of the amount of compensation should be based on the local Bureau of Statistics announced on an annual calculation of the relevant data. The spirit of how to determine damages, should be considered the following factors: 1. Infringing people's fault; 2. Violations of the consequences, 3. Victim and the victim's close relatives the extent of the injury, 4. Infringer Liable for the economic capacity of 5. The economic development of the local standard of living.

The second situation: If one passenger is carrying dangerous goods without authorization led to the explosion occurred, the victim can be based on tort liability to the passengers for compensation, of course, the victim can also be based on non-contract responsibility to the passenger bus company for damages. Because passengers with tickets on the car on the passenger bus companies formed a contract, the bus company as a passenger carrier contract, it should be in the course of the passengers on the transport of casualties assume liability for damages. However, based on non-contract responsibility passenger bus company demands compensation, based on legal provisions is the lack of access to mental damages.

In addition, if the injured passengers are on their way to work in the unfortunate experience of passengers or their families can also apply to units injuries compensation.

Experts: public safety should be the establishment of major damage relief fund

Shanghai spontaneous combustion after the bus passengers will soon face the question of compensation, the reporter had an interview with the Nanjing University Law School Professor Qiu Lufeng. Professor Qiu said that in accordance with the Supreme People's Court on personal injury compensation, bus companies should make reparations for the victims of passengers compensation for the death, disability compensation, Wugong costs, mental damages, and other related costs. Of these, the spirit of damages from the provinces to decide, varying the compensation standards. It also spawned a new problem, that is, "with the fate of different prices." As compensation for the damage around the different standards, if the injured passengers in some foreigners may also not in accordance with the compensation standards to Shanghai compensation, a phenomenon currently in the country is still relatively common.

It is learnt that initial investigations by the police, fire department passengers on the train carrying inflammable materials caused by. On this issue, Professor Qiu said, whether that person is not deliberately carrying inflammable goods on the train, his behavior had constituted a crime. Bus companies can be victims of passengers bear the compensation to the inflammable goods carriers compensation. Professor Qiu said that as criminal acts result in significant personal injury, death or criminal suspects unable to compensation, it is bound to by the Government to pay for. This incident shows that the establishment of major public security damage relief fund has been imminent.

In Professor Qiu, the series of spontaneous combustion of several bus accident was the bus company a commercial consequences. Professor Qiu said, because of the mandatory assessment indicators, many bus drivers to run more than a few times or a hurry, opening the "King car", leading to injuries of passengers fell a matter not uncommon. Professor Qiu said that these incidents show that public transport is a social welfare, should pay for by the Government, public transport enterprises can not be overly commercialized.

Buy a car to buy a "black car households" how to do

"The car into a farmers really is 500 yuan, or even my 5,000 yuan, I returned to the Office of the perjury, which can Zaban ah!" Yesterday, the Xingqing District of Yinchuan City home of Mr. Shi to the On the hotline, the car companies believe that the commitment to the "one-stop" services (home agents will be able to buy a car procedures) before and after he lost several thousand dollars.

Buy a car home with troubles

January 15, 2008, from Henan silver wage for many years to come up with their savings Shi Weidong, in the Ningxia Ya-car Trade Co., Ltd. bought a Jianghuai Kang Ling single row truck. Subsequently, on behalf of Chen Yun's car sales also home to the charge d'affaires commitment procedures. Therefore, Shi Weidong Chen Yun in accordance with the requirements come up with 5,000 yuan to pay the cost of household vehicles do. However, after the payment, they did not give him any receipt, the only oral commitments: a week after the Chuche households will be able to do. A week later, Shi Weidong get agricultural vehicles travel cards, they found that this should be a single strip is shown as double blocks. As a travel card, he also found the sales staff of Chen Yun, the other soon to Shi Weidong for a new road permit. Then, Shi Weidong started to pull the goods to earn money.






June 25, according to Che Kwun farm owners to the provisions of the Transfer, Shi Weidong came to the Yinchuan City Che Kwun the procedures for Transfer. But the staff has found, Shi Weidong of the truck-A51223 no files, is simply "black households." The next day, Shi Weidong has also received the road sector 2752.3 yuan, "Yang Lufei" reminder (2007 May 12 to December 31). He hastened and the Ningxia Ya-car Trade Co., Ltd., but the other side is telling him, and this little company, they have no solutions.

"This is a salesman for the acts of individuals, does not mean that our company." Subsequently, the reporters interviewed the Ningxia Ya-car Trade Co., Ltd., its sales manager Joe ice South explained that the company was informed that the matter after the investigation began. Chen Yun is because the sales charge d'affaires to households through intermediaries, rather than through the Company, therefore, can only act on behalf of Chen Yun's personal, not on behalf of the company. In addition, Qiao ice South also told reporters that their companies Jianghuai trucks sold in accordance with the relevant provisions of the farmers can not do. When a reporter to interview Chen Yun, Qiao told reporters the Southern ice, they can not contact the Chen Yun.

Bar: The two sides have a contractual relationship, the seller should assume the corresponding responsibility

Ningxia Ning person law firm lawyers Su Jian-Dong: automobile dealers to provide the so-called "through-train service", that is, consumers here in the purchase of vehicles, some car dealers to provide the follow-up services, including on insurance, paying purchase tax , On behalf of licences. These preferential policies, dealers in the leaflets distributed to consumers or on business cards is free. But the "through-train service" there are also consumers have been the phenomenon of Qiangmaiqiangmai auto supplies, and some sales because of the negligence forget Yang Lufei consumers back pay heavy fines, and other circumstances.

From a legal point of view, one car after car, to be its own procedures for households, commissioned by the dealer can also took home for procedures. Home dealers commissioned by the agency procedures, should be entrusted with the dealers to sign an agency agreement, the two sides agreed in the agreement the rights and obligations. Such as dealers clear a free agent, should be agreed in the agreement for the management fees charged by the dealer to provide a formal management fees invoices or receipts, should be agreed in the agreement if the dealer or the provision of false licence Distribution The reason for more people to car expenses incurred by dealers should be liable.

On the matter, the sales staff personally tell the car who can provide free one-stop service, so cars will reach 5,000 yuan at the hands of dealers, the two sides have established a commission agent of the contractual relationship. As car buyers pursuant to the contract agreed to pay a 5,000 yuan, to completely fulfill its contractual obligations. The car in the collection of the fee, the dealer shall, in accordance with the agreed terms of the contract the quality and quantity completion of the contract obligations. Therefore, dealers should bear the responsibility of charge d'affaires of default.

Shares account for more than four years to 10 million of the Zaban

Account for more than four years to 50 million bank broker that abnormal

Dust-laden long re-opening of the stock accounts, unexpectedly just to the association of bank cards on a 40,000 yuan deposit money in the system has revealed that account balances are more than 50 million yuan, strange things will be headed Mr Cheung shocked. More cause to be suspicious is that only through the software system for stock transactions, can show more than 50 million yuan of account balances, through the ATM machine inquiry, everything is normal. Mr. Chang has this to the banks and securities firms to reflect the two sides accounts not unusual that none is not responsible for their own.

Surprise

Has deposited 40,000 yuan to more than 50 million

Mr. Chang as early as 1994 on the Hongyuanzhengquan Yancheng in Jiangsu Province opened stock accounts, and use a local bank cards Yinzhengzhuanzhang, but has earned less losses, especially in 2004 with another account to the C of E Kuidiao at 500,000 yuan, he has not Zaipeng stock. Until recently the stock market from over 6000 points all the way down to 2600, Mr. Chang was a chance to think, intend to re-"scrap" into the stock market.






The day before yesterday morning, Mr. Chang to bank accounts in a 40,000 yuan deposit, coupled with his stock in the accounts of the remaining part of funds intended to buy some Chaodie the stock. Yesterday, 9:45, he opened Hongyuanzhengquan the online trading software for money from bank accounts to securities accounts. Has found that balance in the account for any unusual, "I used to look at the balance before the transfer, this investigation can I scared, the system has to show my bank account balance 51663822 yuan." They think they are wrong Mr. Zhang, Continuous read several times and displayed on the screen has been a median 8.

"My first time with Hongyuanzhengquan contact, who knows what the other says' congratulations on your fortune ', let me dumbfounding." Mr Cheung said that securities companies that will investigate, but he has not received replies.

Strange

Only trading software to display different but each time Mantissa

Mr Cheung was found yesterday afternoon - when he was still in front of stock trading system of huge amounts of money to do this, "Suddenly, more than 50 million yuan more, I did not dare move, I really do not know if this is pie, or traps . "

Mr Cheung told reporters done a demonstration, open Hongyuanzhengquan the Securities and Exchange software, click on "bank balance", then enter your password click confirmed that account balance is impressively displayed 51663864 yuan. Successive operations, the banking system have shown that there are more than 50 million yuan in the balance, each of Mantissa only slightly different. -- View software then flow of funds in the bill and Jiaoge Dan, found that no more than 50 million of this money out of the record.

"I dare not move the money, if I was really successful transfer that time on stinky." Mr Cheung said that the bank accounts found any unusual, he only in the morning will get their deposit of 40,000 yuan to To a stock account, in addition no longer operating. At the press's request, Mr. Chang was trying to bank accounts in the stock accounts to transfer 100 yuan, when the system shows "request has been submitted, for later." But five minutes later, Mr Cheung successive refresh the page, and stock accounts in the balance did not increase 100 yuan.

In order to understand the bank card number in the end the balance, Mr. Zhang went to the ATM machine on the ground floor had two enquiries, the results have shown that for the balance of 0. But the suspicion is that after Mr Cheung software for trading through the bank account when the balance is still displayed on a sum of more than 50 million yuan of the money.

Prevarication

Banks, securities companies do not admit

This is more than 50 million yuan actually come from the » Which is a part of Chulechacuo »

Mr Cheung was plagued for a long time in front of the reporters of the Yancheng call the customer service phone bank, and they shall be reported to their numbers. Support staff in an enquiry, is sure to tell him that a bank account in the fund balance to zero, while the recent transaction records only he deposited 40,000 yuan and out of these two records. "That's why I showed that I have the system inside more than 50 million yuan of the balance of this» "In the face of the doubt Mr. Chang, staff did not answer, but said bank data showed normal and abnormal situation may be related to securities companies.

Mr Cheung subsequent shipment of Yancheng in Jiangsu Hongyuanzhengquan business department of the phone, the phone is another staff-tong. Heard of the matter, he also greatly surprised and asked Mr. Zhang account in order to provide funding for. But soon, Mr Tang on his feedback, securities companies to display their funding systems normal. "You said that the anomaly is displayed in the bank account balance, this should be the bank's problem, not our responsibility."

Counsel said: trespassing dynamic of Unjust Enrichment

Shanghai New Wang Wen partner in the law firm of a Yan Song, a senior securities industry legal experts. Mr. Zhang heard that in the circumstances, he said, before a similar situation occurred, the general is due to the banking system error or an error led to others Huazhang. "Mr. Chang account of this huge sum of money and he did not, if the unauthorized use, are unjust enrichment, will face legal proceedings." Yan Song said, Mr. Chang to the bank or securities company to reflect, or to the court to freeze Accounts, the loss suffered by the accident, compensation can also be reported to the Banking Board.

Pre-paid membership card "trap" how to avoid

Range of pre-paid membership card (the card) types full of our lives, from the ordinary supermarket membership card to the expensive club membership cards, each of them at least three or four names of all the membership cards. We have always maintained that membership card is "Jianbian Yi" or at least can also enjoy concessions, then the membership card is not really concessions it is » Recently, the market's done a variety of membership card survey found that membership card does not necessarily concessions to the consumers, and some even cause trouble for consumers.

Pre-paid card sets of money, speed up consumption

Reporter visited cinemas, found that some large-scale launch of the Film Studios membership card loved by young people. Such membership card sub-species, Gouka must recharge denominations also vary. Member in the use of these cards to buy movie tickets, will enjoy the full price on the basis of discount.

After the first consumer charge card business is rapidly "sets of money" approach, businesses preferential policies delineated in this group after group of consumers fixed, no concessions had already gathered a sum of money, so businesses like launch membership card Services. For membership services, businesses will try to "change" more concessions to speed up consumption. For consumers, think of the card surface concessions do not know this is a business strategy. consumption of the circumstances, could lead to consumer spending and even unreasonable and excessive consumption, irrational consumption for consumers may not necessarily be on the concessions.






"The ultimate power to interpret the" return of all businesses

"The ultimate power of interpretation to the XX" This sentence is no stranger to the consumer, it is usually a membership card of the final provisions, many consumers will ignore its importance. Miss He has been doing acupuncture weight loss in beauty salons, beauty salons day of the salesman to sell a concession to her Taoka, said that as long as beauty salons do at this beauty, whether it is weight loss or facial beauty can enjoy the full range of 9% discount , Miss He considered himself to the acupuncture treatment is also available in a lot of weight loss, Taoka can do for cheap, then on to do such a card, and first top-up 1,000 yuan. Miss He next to beauty salons to the consumer, the attendants said that such concessions Taoka only 500 yuan in one-time spending more than it applies. Miss He was a salesman with the concessions that theory and the attendant, beauty salons, pointing to a concessionary card on the final terms to tell Miss He, the ultimate power to interpret the return of all beauty salons, but himself to blame Miss He was not seriously see Terms of Office on the cards.

The market for many concessionary card salesman put the time is right for the "exaggerated", if the consumer does not sensible to do impulsive on the card, very easy on business when the end will not be necessary concessions.

Card conditions for a lot of limitations

Like fitness of Mr Tsang told reporters that he was living in the watch area are a good club swimming pool before deciding to buy the unit floor area, could have been thinking about the club's swimming pool to swim. But when he later admitted to swim, the club's staff told him that not a single pool of cash consumption, and can only do card. Card, 500 yuan, 800 yuan for two years card, unlimited, open-time expired, 50, 200 yuan card, valid for a year and a half, expired, 30, 150 yuan card, valid for one year, expired. Staff stressed that the card can be shared with other people, I only use the card, shall not be transferable. If swimming a day, 500 a year, Suanxia Lai is only one day more than one, is indeed very affordable. But in fact, many consumers will not insist on a day to swim, or a variety of reasons not to consumption several times, the card expired, a waste of money.

A well-known restaurant in a concessionary card for a one-time spending 200 yuan before they can apply for the card can not be set for afternoon tea packages and personal use, not with other coupons, coupons and discount card to use at the same time, a lot of limitations, under such circumstances The preferences of consumers, what is? »

Cary leftover money not to consumption-waste

Various concessionary card inside the remaining amount is generally implemented "no refund" policy, that is not a concessionary card expires, the card is also available in the remaining amount for various reasons but can not continue to use, consumers want to "cash" can not. The reporter learned from Sharon that a salon, they introduced a hairdressing, Gold annual 2,000 yuan, 1,000 yuan for Silver, men's salons can enjoy 8% discount salons, can enjoy 8.5% discount. Many customers can not be used up within a year and the money inside the card, but can not refund based on the withdrawal card, customers will be loaned to a friend using the card, as far as possible within the period spent in Cary's money.

Reporters are still found on the Internet, many of the transfer of various concessionary card post. Consumers because of changes in work or other reasons not to spend and can not be exchanged for cash circumstances, can only transfer. However, reporters learned from the other side, many consumers concessionary card could not transfer or approaching deadline and can not be spending the money End Cary, consumption has become a disguise for waste.

Merchant set the membership card "trap"

Some beauty salons, Ca Xiedian, such as car washing shop at concessionary prices to attract consumers to buy membership cards, or "for the boss" as an excuse to refuse to continue to provide preferential services to consumers, deserted or disappeared, Consumer membership card into a waste paper. He area a year ago in the nearby community of a Muzu shop for a year and 2,000 yuan a membership card, because the last home, just when the cards do frequented, and later because of the relationship that he had a business trip to the field After four months back, would like to patronize these stores have found that foot shop has already closed down, has now become a restaurant, Mr. Chen's membership card inside the remaining more than 700 pieces of the money that had gone missing.

In recent years, businessmen in the guise of preferential discounts to attract consumers for membership card disappeared after the situation happens from time to time, many consumers fall for the business under the membership card "trap." It is understood that such Card quickly disappeared, the moment the closure of most businesses is low investment and easy to black Internet cafes, beauty Mei Fadian, Ca Xiedian industries, consumers shop for these membership cards need extra caution when .

Chain stores do not concessions

Several journalists from the city's chain store that the chain stores of various kinds of cards for concessions and procedures are essentially the same. Some chain stores in time for a concessionary card would strongly advise consumers, this is a national concessionary card, without specific instructions, consumers should be careful, because not every chain of stores for all the same. Many consumers that the chain of course, are the same concessions, but staff told reporters: "Access is universal, but each one of the shop is not the same preferential prices, according to this shop set up by the service and price may be." Miss help to dry-cleaning clothes with a friend when playing cards can be found for 8.5%, just in the vicinity of their homes have a chain, so to do a membership card, but when her home with a membership card of the annex to the use of the laundry, Miss staff is telling, because here the high price of rental shop, a membership card can only be 10%, although still concessions, but that since it is Miss chain, the chain has only concession.

Street marketing membership card fraud and more

Mr. Guo business trip when the airport encountered a lot of selling air tickets and accommodation for the card salesman, because often the relationship between the mission, Mr. Guo that do a good card on their own. Salesman Zhang said that with this card is scheduled for tickets can enjoy the minimum 2% of the concession than the Internet, telephone reservations can be made even lower, if companies and airlines signed an agreement with a group of more discounts. Salesmen on the concession to Mr. Guo is echocardiography, then spent 300 bought this concessionary card. But when he in this mission by the time this concession cards, they found that not over the telephone or the Internet booking cheaper, going to spend the 300 card to buy back the concessions to no concessions.

In addition, many consumers often reflected to the press encounter on the road to sell the various membership cards, bank cards, food cards have, but most are scams, most are Hualiao Qian has not concessions.

Counsel: choose reputable merchants Card

Membership card for all the above questions, the news advisory of the Hainan big long march LAU WONG law firm lawyers. Liu lawyers that: consumers buy membership cards, they should choose well-known, reputable merchants, while the operator to view the relevant documents are complete, effective and carefully read the operator's membership system and services, not to be operators The oral commitment, fooled by the exaggerated publicity, not to believe that the streets selling the card for consumers and businesses to enter into a written contract, and related services to the detailed content of agreement, it must be a clear retreat, retreat cards ways and means to avoid unscrupulous businessmen set up the trap; consumers for membership card when possible choice of short duration, small amounts of membership cards; once against the interests of consumers, we must promptly to the business sector, consumer associations complained to the court or the prosecution.

The deposit to pay the seller does not sell the buyer Ze IPR protection

The trading in the secondary, when the buyer signed a deposit agreement, delivery of the deposit, if the seller "had not yet signed a contract for the sale" as an excuse, not willing to sign a "contract for the sale of housing", the buyer how to safeguard their own rights and interests of «to carry out the" deposit Agreement, "signed and still continue to carry out" a contract for the sale housing "»

The court heard: housing prices rose, the seller does not sell

Both sides signed the "deposit agreement", agreed by the seller will name its 110 square meters of housing, 640,000 yuan to the price sold to the buyer. The two sides agreed to deposit 50,000 yuan, 450,000 yuan prepaid Fangkuan (including deposit), while the buyer to honor the deed after five days from the lending bank accounts directly included in the seller. If the buyer estoppel deposit is forfeited if the seller estoppel, double the return of the deposit. On that day, and the seller to the relevant information to the buyer, the buyer will be 450,000 yuan paid to the seller.






Five months later, the seller written notice to an intermediary company, please tell the buyer, "deposit agreement," a stay of execution, buyers and sellers need further consultations. Five days later, the buyer prosecution to the court, Su Cheng prices rose due to the seller wish to proceed without the property rights transfer procedure, and without authorization from the buyer Qiaomen lock for renovation and occupancy. Request the court to sentence the two sides continue to contract for the sale of second homes, and compensate for economic losses.

Focus of controversy: whether the deposit agreement is a contract for the sale

The buyer that the two sides signed the contract although the "deposit agreement," but the content is located, including the housing address, room, area, and other basic conditions, Fang Jiakuan, payment of time and form of payment, housing delivery, a contract for the sale of property rights transfer, and other housing Which should have the terms of its essence is a contract for the sale. Most of the parties to fulfil the contract obligations, also paid their 70 per cent of the Fangkuan, housing is their actual use.

The seller then argued that the two sides signed a "deposit agreement", agreed in the agreement in the housing property rights permit is obtained after the signing of a contract for the sale. But there are differences between views of both sides, has not signed a contract for the sale, the two sides sign a "deposit agreement" when the seller has not yet obtained the deed, and do not have the statutory conditions for the transfer of housing.

Court judgement: effective contract, the seller must Jiaofang

After the court that the "deposit agreement," although the name is the deposit contract, but this "deposit agreement" has been basically covers the main provisions of a contract for the sale, the two sides is the real intention of signing a contract for the sale, the seller is not yet achieved the property rights of housing permits, That agreement called the name of the deposit. Apart from the buyer's deposit, but also paid the most of the purchase, the seller also to the use of housing delivery to the buyer. The two sides carry out the actual content of the deposit beyond the scope of the contract, involving a contract for the sale of the rights and obligations. Then decides that the "deposit agreement" is the nature of the contract for the sale, the seller has made housing property certificate, the contract for the sale effective, therefore the first-instance judgement to Jiaofang seller to the buyer.

Counsel Comments: Contract not only look at the nature of the name

Lawyers believe that in real life, look at the nature of the contract not only see the name of the contract, the contract should be based on the specific content and purpose of combining the two sides signed, the actual implementation of integrated be identified. From this case we can see that the name is the deposit agreement, but the contents include not only the deposit amount, the date of payment of deposit and other deposit the contents of the contract also includes the delivery of housing, Fangkuan dates and payment methods, such as transfer of ownership of a contract for the sale of property rights Relevant content, in addition, the "deposit agreement," although it agreed the two sides can break the responsibility for breach of contract provisions, but the contract can continue to perform under the circumstances, the seller has no right as a breach of the provisions of applicable requirements of the initiative, to assume responsibility for the lower default To achieve the objective of breach of contract. Legal provisions of the contract for the sale of the two sides should be based on the principle of good faith to perform the contract.

Signed sealed attention should be paid to the problems

Signed sealed in the course of doing business is very common, but need to have a lot of problems. There was such a businessman, have not you owe the loan, because covered a chapter, even Xilihutu owed to 1 million yuan, was also high on the court. This is how going on »

Mr. Wang's older brother to do lighting business. In 2001, Mr. Wang's older brother to expand their business to 1 million yuan of bank loans, the loan period of one year. However, after the expiration of loans in 2002, due to financial constraints, Mr. Wang's older brother failed to timely debt payments, and a trailer is two years.






October 2004, banks Xindai Yuan Laicui loan, but did not see Mr. Wang's older brother, let Mr. Wang and his brother in the "loans reminder notice" built its own seal, Xindai Yuan had to prove that this reminder To off loans. But did not expect that the February 2005, because my brother still can not afford to repay the loan, the banks on the high court to Mr. Wang, his brother and asked him to repay the loan. Because the "loans reminder notice" Notes on a "receipt of the above notification has been, we will take measures to actively return of principal and interest" in the words of Mr. Wang and Mr. Wang had agreed to seal that commitment to the debt.

After the two trial lasted six months, although the final judgement Mr. Wang do not have to bear this loan, but a sign of trouble or attracted to him Houpa .

Counsel said:

In life, the signature and seal could not be used, because once the signature or seal on the possible legal effect, liable. For example, a really good relationship between the two in peacetime, when the jokes write a Jietiao, but it became the future claims of evidence; some blank paper in the shelters under seal or signed name, but others in the name written on similar to the above Borrowers, such as wills or transfer of the language, lead to unnecessary disputes. Although based on facts, the court will not consider these Ziju effectively, but how to come up with evidence that those Ziju is also difficult to invalid. In other words, once these Ziju can not prove that the content is false, that does not exist, we must bear the corresponding legal responsibility. Therefore, no matter what, in the signature and seal, should first see the contents of articles, and to consider whether the future will bring their disputes to the truth of trouble.

Area car Midnight screaming disturbing the Ze claims

The day before yesterday, Hexi District, some residents to reflect on, late at night because of the recent plunge by heavy rain, thunder constantly, they are often downstairs vehicle anti-theft alarm beep Jiaode not Anqin. A survey found that many of the automobile anti-theft alarm, but alarm too sensitive, the district became a major source of noise.






Visited the scene car "screaming" disturb the residents dream

Miss Song of the Four Seasons Xinyuan district calls that her before and after Yongdao floor of the car parked next to both. A few days ago, late night rain, thunder constantly, around 1:00, a car suddenly sounded the alarm, the ear-piercing alarm sound off ring for nearly one hour so that she can not sleep. The next morning, she heard other neighbors also debate the day before the car alarm at night, "the middle of the night screaming" things are very dissatisfied.

Hexi District of the Yu Garden area residents are also deeply share, a number of chat Naliang Du Niang told reporters, car alarm call in the middle of the night things often happen, but very sound alarm "gimmicky." "Some voices in particular a sharp, Guanshangchuanghu have heard very clearly." A Du Niang said that her downstairs, there is a car alarm especially sensitive and often call, residents often have windows in the middle of the night to curse.

Disturbed lawyers that the residents can sue owners

The Tianjin-line law firm of lawyers SHEN Yan Qun said that if the district within the police harassment of residents living with the situation, the residents can ask the owner to stop abuse, can also gather evidence to prosecute, but can not arbitrarily destroy nuisance vehicles. Community property also has the responsibility to regulate the management of the vehicles, in case of any nuisance, residents can hold property associated company of legal responsibility.

Industry does not propose to reduce the sensitivity of insecurity

Reporter consulted an automobile brand 4 S shop staff Mr. Wang. He said that many vehicle owners will be used to the sensitivity of anti-theft alarm set very high, slightly Fengchuicaodong, the alarm on the ring for a non-stop, in fact this practice is not absolutely necessary, the appropriate reduction will not reduce the safety factor sensitivity, At the same time can also reduce the noise disturbing phenomenon. "If the worry that too sensitive sensors caused the false positives, can not with vibration sensors, or reduce the sensitivity. In addition, car owners can also install GPS global positioning system."

The transaction price of second-hand assessment of whether a legal basis

Recently, the public! He encountered a very puzzled things, selling a set of second-hand why the two real-estate transaction to provide assessment » This reporter interviewed a city the HKMA, the Financial Bureau, the Inland Revenue Department and other relevant departments.

Public

Inland Revenue Department to require an assessment of the banks also require an assessment of

He told reporters the public about the circumstances of the matter. Recently, he sold his 330,000 yuan in the urban areas of Jiangbei a secondary room, the house is sold to a friend, in the beginning, not an assessment of the relevant procedures in handling, each department asked him to provide real estate Transactions assessment report.






"I went to the Inland Revenue Department to pay the taxes and fees, processing time, the Inland Revenue Department to inform the staff of the need for assessment report." Mr. Lee said, when asked to assess whether there is a need basis, the staff said that, as long as they are used The transaction needs assessment report.

He visited various departments after that, second-hand assessment of the transaction is the reference price of real estate, the collection of taxes and fees in accordance with the transaction price or charge.

What days do not understand is that when his friends due to the purchase of this suite to the mortgage banks for clearance, the bank said, in order to reduce the risks of banks, bank! Designated banks and then to assess the assessment, This assessment will be conducted twice spent about 3,000 yuan assessment fee. He was puzzled, was originally a house, since assessment report, also requested that further assessment of this »

The HKMA

Prevent false prices to specific circumstances and the Inland Revenue Department and the Financial Advisory Board

For the second-hand housing transaction to pay taxes and fees, the need for real-estate transaction reports. City staff related to the HKMA, said that the key is to prevent false real-estate transaction prices, the impact of the tax rate to a reasonable pay. The officers said that specific issues can be advisory to the Inland Revenue Department and the Finance Services Bureau.

Financial Bureau

To provide assessment report as a basis for future tax assessment may be cancelled

Finance Branch of agriculture-related staff, told reporters, Deed Tax Ordinance provides housing for the sale of the transaction price of the taxable basis for contract taxes, but the transaction price lower than the market price and unjustified, imposed by the authorities approved the light of market prices. Urban second-hand housing transaction to pay taxes and fees, indeed asked for an objective, fair, to reflect the market price of the property assessment report. The reason is that: the current second-hand housing transactions were completed on the contract price can not be a true reflection of the real estate market prices of the more common, the collection department and the lack of effective monitoring tools, so to second-hand assessment of the transaction as a taxable basis for reference. The future conditions are ripe, used the minimum taxable transaction price of programming, depending on whether the implementation of further measures to cancel this decision.

To the Inland Revenue Department

Rates as reference standards to prevent price untrue

City departments related to the Inland Revenue Department staff told reporters that Maifang in the Inland Revenue Department to pay personal income tax, business tax, to have the relevant assessment report, which is to house prices as a reference standard. - City where the Inland Revenue Department staff also said that the demand of taxpayers to provide real-estate transaction assessment report is to prevent the price of transactions with the market price falls far short of the situation.

Bank

Is not specified by the assessment would assess a second assessment

He has proposed to do an assessment, why in bank loans needs to be done to assess » Huizhou Branch of the Industrial and Commercial Bank of China, Construction Bank of China Huizhou Branch of the staff members were told reporters that bank loans to borrowers need to bear certain risks, banks must understand the lender's house, and therefore need to be evaluated. In the assessment, to assess the assessment by the price of real reliable, the banks will assess the credibility of staff, a fair degree of understanding, formed to assess the database, the general will ask the people to bank loans approved by the assessment conducted by the Assessment. The officers told reporters that if the loans provided by the evaluation report is recognized by the banks to assess the evaluation and assessment time in 2001 within the framework of assessment can be a true reflection of the prices prevailing market prices, banks will no longer require borrowers to re-assess .

Wu Jiaju

To assess whether the fees charged are provided by various departments need to assess decision

He also questioned the assessment of second-hand housing transaction costs charged are reasonable » Price departments have a requirement »

City Wu Jiaju Management Section of the charges related to official said, the second-hand assessment of the transaction fee charges, adopt a stall in the form of progressive rates charged related costs, housing prices in 100 yuan (including 1 million yuan) , Its assessment of the total cost of house prices of 0.5 percent in housing prices more than 1.01 million yuan to 10 million yuan, to assess the total cost of house prices of 0.25 percent, is divided into seven grades. Assessment of the time to charge fees in accordance with the provisions of charge, but the question of whether needs assessment, the various departments according to their needs and policy decisions, Wu Jiaju the right management.

Lawyer

The transaction price of second-hand assessment of the lack of legal basis

On the Stock Exchange of second-hand assessment of the need for the issue, the excellence of Guangdong law firm lawyers Long Joy Luck of the current taxation departments collected a contract taxes on real estate transactions, the law is based on taxable transaction price, the price does not require the assessment of taxable And the actual operation of the process of the personal income tax and other taxes are collected in accordance with the transaction price to charge. When the housing prices were significantly lower than the market price and unjustified, or the exchange of land use rights, housing prices clearly the difference between the unreasonable and unjustified, imposed by the authorities approved the light of market prices. Therefore, the tax department asked taxpayers to provide real-estate transaction assessment report did not clear legal basis. In other words, the tax department that the exchange of land use rights, the difference between the price of housing obviously unreasonable and unjustified, tax departments have the right to market price of reference approved.

The assessment of the bank, Long-fu said that unless the banks have sufficient evidence to prove that loans provided by the evaluation report clearly false, can not be normal reflect the true market price, or bank loans were re-evaluate the practice of real estate lack of legal basis .

Terminology

Second-hand assessment of the loan transactions

It is understood that more cities used the loan transactions general assessment to be done twice: once by Maifang applications (that is, transactions assessment) to assess the price to pay when the transfer of taxes and fees as the basis for another person for the purchases ( That is, collateral assessment) to assess the price for purchases to the banks for loans used.

Her husband sold without a common housing how to do

Shimei and Chen Dong husband and wife are both working in a factory in Chengdu, and co-workers bought a set of affordable housing. , Shimei due to theft, the court sentenced one year and five months. His wife were detained in the detention center that period of time, Chen Dong without the consent of the wife, two purchased by the fitness room sold to a third person Wang. Shimei after release, found baffling property were sold, they have nowhere to shelter, then a huff, her husband and Wang Li will be to court, asking the court to order the two signed a contract invalid, Wang Tengtui housing. Yesterday, Wu Hou court heard the case.






Her husband sold the wife released from prison after Caizhi

Shimei as a guard in a factory in Chengdu. September 2005, Shimei Momou colleagues suggested that the factory could be the equipment and scrap metal Nachulaimai out, the money in two equal basis. In October 6, while Shimei Momou National Day on duty, to contact the side of a shortage of Carpenter, drove into the factory warehouse scrapped the stolen military equipment. Sell equipment, and Shimei Momou 2,000 yuan each share of money. Unexpectedly Dongchuangshifa, the court sentenced them to one count of theft, and five months.

Last year, on March 10, Shimei release, that they can begin a new life, but Wan Wanmo thought that her husband has a total of the husband and wife sold the house. Shimei's nowhere to shelter, forced to "Dayimieqin", her husband to court.

Maifang excuse to buy a house who said his wife informed

9:00 yesterday, Wu Hou Court in a courtroom, Liang Kouzi court. "I see a trial of 10, certainly did not feel that I am out of the opportunity, quietly put the house sold." Shimei said that she was in the detention center, has never mentioned to her to sell the house Chen Dong, They will be a total of the fitness room, Wang sold to a third person, and signed a "contract for the sale of housing." Shimei stated categorically that, with her husband Wang malicious collusion, conspiracy sale of two houses. And the two couples were property, not after she agreed to sell, the contract is null and void the contract.

Why should we sell the house the couple shared » Chen Dong Banshang could not reason. "I am a well-intentioned, has nothing to do with me." Purchases of Wang that was visible buy a house, although only one of Chen Dong in the contract was signed, but she asked Chen Dong, Chen Dong was aware of the matter and inform Shimei Maifang agreed. At the same time, the Representative Is Appointed by Wang Li, Shimei in the detention center, although limited personal freedom, but her lawyers, by letter, telephone and other means to contact with the outside world. The case will be optional on the court sentencing. (All figures in the text of a pseudonym)

Bar argument

Joint property distribution, must be shared

Maifang for this case, a Sichuan-lawyer firm Lvliang that Shimei and Chen Dong of the husband and wife, the house was purchased after the marriage, property belonging to the two sides must be mutual punishment. Permitted within the scope of the law, we must husband and wife both sides agreed to be sold to a third house. The case also involves two key issues: First, the state provides affordable housing can not flow directly into the market, the parties can not be traded. Secondly, if the house has run property rights card, then a third person can be easily found, with the exception of owner Chen Dong, whether there are any other owners. Wang said he had asked Chen Dong, Wang Li, Chen Dong told, is in agreement with the consent of Shimei after the sale of housing, but I said no with this requires the written authorization Shimei to prove. Therefore, Wang Li, the obligation to know is whether the Housing Authority agreed to sell a total of the people. Chen Dong and Wang signed a contract for the sale of housing, may be recognized as invalid contract.

Joined the contract to be vigilant trap

A few days ago, Zhang told reporters joined to reflect, leather Co., Ltd in Beijing on the Korean version of fashionable women packets there are serious problems of quality products and after-sales issue. Zhang told reporters that his TV ads, the company was informed that the Korean version of the stylish woman joined packet of information, after which the company conducted the inspection. During the inspection, he feels relatively complete product styles, a salesman in the "warm" reception, in general read the contract after the word notes. In the signature process, the company does not allow him carefully study the contract, and will not allow him to join the contract back to consult professional legal persons.

According to Zhang, the contract only provides for a defective leather handbags for the proportion of the swap, but the company did not provide the quality leather handbags how to deal with the problem, and the passing rate products and products related to other issues, but almost To all the responsibilities imposed on the franchisee, to remove a clean corporate responsibility.






Zhang disclosed that after the commencement of the contract, the company has not issued his formal invoice, also did not give a reasonable explanation, the only issue a receipt to be replaced.

In the subsequent operation, Zhang received the goods are substandard or Canci goods. After that, Zhang joined the company on this matter with a number of consultations, but always failed.

An interview with reporters on the matter in Beijing Zhicheng Law Firm lawyer Yong-Feng Wang, he told reporters that from a legal point of view of the matter is a franchise areas. Yong-Feng Wang explained that the franchise as a form of modern marketing, for its unique operating mechanism has demonstrated strong vitality, it is not only a further expansion of the scale enterprises means more access to high-yield business is a major shortcut. However, due to the special franchise marketing decision of the franchisor and the franchisee asymmetric information, as opposed to "concession", the franchisee (the franchisees) in a weak position. Therefore, joining in on the road of success, but also into the trap of the franchise, joining a franchise exposed in the course of the legal issues also increase. At present, China's adjustment of the franchise laws and regulations are: "Commercial Franchise Management Ordinance" and supporting the "business franchise record management approach", "commercial franchise disclosure of information management methods."

Yong-Feng Wang of the franchise contract is a civil contract, the contract status of the two sides are equal. But in reality, compared to the concession people, who often joined in a passive position and vulnerable position. Zhang reflected in the signing of the contract, the company does not allow him carefully study the contract, he will be allowed to join the contract back to consult professional legal analysis, it is the concession operators, such as the use of information not to the advantage, first signed with Zhang Join the contract, resulting in unequal rights and obligations of the contract, the imbalance so that the people joining in a passive position. Therefore, to join in signing contracts to join an "Xin Yan."

Yong-Feng Wang recalled that, in order to solve these problems, people need to join in signing the contract carefully before joining study the relevant laws, such as joining, the franchise deliberately evade their obligations, that the franchise business credit deficiencies exist, to be carefully chosen . As has been joined in signing the franchise contract and found that the contract is not clear, according to "People's Republic of contract law," Article 61: "After the entry into force of the contract, the parties on the quality, price or reward, not content to the location agreement Or agreed not clear, deliberate agreement supplement can not reach a supplementary agreement, in accordance with the relevant provisions of the contract or transaction identified habits. "And Article 62:" the parties agreed on the contents of the contract is not clear, in accordance with Article 61 of this Law Provisions are still not sure of, the following provisions apply: quality requirements not clear, according to state standards, industry-standard performance, no national standards, industry standards, in accordance with the usual standards or comply with the specific purpose of the contract performance standards and performing a period not clear. Can discharge the debtor, creditors can also be called upon at any time, but should give each other the necessary time to prepare. "Contractual terms agreed to resolve the problem of unknown.

Piza two car one night, how do I claim

Mr. Mao You Dianfan the past two days, his car parked in Humen Bo Mei Village Lane 9 and 10 the middle lane, did not expect the day before yesterday evening, the two were upstairs "flying" to the beer bottles smashed the windscreen. Mr. Mao looking for discarded bottles of Nadong four floors of households claim, but no one recognized. In many representations the cancellation of circumstances, Mr. Mao yesterday called the police, saying that if the police can not search the perpetrators, he was prepared to entire floor of tenants claim.






Owners: two depressed one night Piza

Yesterday morning, the reporters came to the Humen Town, Bo Mei Village Lane 9. Mr. Mao saw the car Chery QQ car windscreen Piza two large holes, the entire windshield with a spider's web, Chepang has a pile of beer bottles scattered the debris.

Mr. Mao, pointing to the pile of beer bottles debris, the day before yesterday evening he had to order Bo Mei Village of complaints over the team, captain of law and order into the suspected loss Nadong the floor, beer bottles, but Meirenlihui knock on the door, and used from the fourth floor The number of beer bottles and broken glass bottles on the floor of the same code, no one is willing to admit.

Mr. Mao Zhouliao Zhou Mei Tou said: "on the 15th to the evening at 7:30 on the 16th, my car Piza twice. I have not formed and hatred of others, I live in rented rooms next to, in order to do business, Have to buy a car, but also for the purchase of a car outside except glass insurance for all insurance, did not expect the glass gives Zale, is Feilaihenghuo. "

Anyone who might have witnessed: flying bottle in my poor click

In the spot, the reporter also saw the three children in the next play, one of the 8-year-old girl said Huang Xing, yesterday morning, playing next to her in the car and suddenly heard "Kuanglang" A broken ring with a beer bottle From a height , almost on Zadao her when she did Bansi, unexpectedly just over a few minutes, upstairs and fly under a beer bottle, is not impartial ramps car landed on the glass, "Huala," the four glass Splash, the difference in the click of her, she hastened to house.

Counsel: entire floor of tenants to bring a claim

Guangdong where legislation law firm lawyers YUAN Yun Fu, Mr. Mao's car parked in the front of the building, they were upstairs flying beer bottle smashed the car glass, if the police did not give conclusions, did not identify the perpetrators of the relevant , In accordance with the relevant provisions of the law, the building of all tenants must be given strong evidence to prove that they did not have the opportunity to implement such acts can only exemption, it should undertake corresponding jointly and severally liable.

After the huge debt owed to men "disappeared" Ze IPR protection

After the huge debt owed to men "disappeared"

June 20 morning, the Green Valley carbon villagers Zhang Gang phone rang. Wang Liang students in the same village phone, anxiously said that his accident occurred, the patient needs to borrow money.

Wang Liang Zhang Gang know that the recent Daoteng coal, but they have never heard him earn some money. And he knows, Wang Liang in the village to do business because a lot of money. However, due to face, he met and Wang Liang, and the other 1,000 yuan loaned money.






Wang Liang received the money told Zhang Gang, a few days later will Huanqian. However, Since then, Wang Liang never appeared in the village, his phone from the "no answer" into the "off" and become "delinquent parking bays."

Wang Liang to where the » Wang Liang through the village was the money people have begun to frequently asked his whereabouts, said Wang Liang owed to each other and their money.

Yesterday, Zhang Gang told reporters, according to preliminary statistics, Wang Liang amount of debt owed by at least 600,000 yuan.

Later, reporters saw Wang Liang's father. The 55-year-old man, "said Wang Liang has been farming at home, Nongxian when the pig, not the outside surface classes. Last winter, he said to coal and people to do business, on four loans. Although at the end of his son Not to earn some money, but they borrowed the money to lend him money returned to the village. "

Wang Liang's father said that from the beginning of March this year, Wang Liang began to borrow money, and gradually the villagers and relatives by more than 60 million. June 19 at home with her son did not leave the greeting, did not after the Yinxin. Daughter-in-law and grandson afraid of the villagers come to account, as early as the return home.

After the incident, none of the debtor alarm

Gu Ming Wang Liang is a friend, he lives in the South Village, Wang Liang who lives in Village North. Wang Liang at the time, the two regular contacts, relations are very good.

"April he came to my house to borrow money. I credit loans from 17,000 yuan to him. He told me a few days back to me, but up to now have not given, also disappeared……" Gu said, he Wang Liang found a very long time, but no Yinxin.

Gu Ming, Wang Liang money loaned to the village of the villagers about 20 more than the amount from a few thousand dollars to several million range.

"A total down, in 60 million. The money, we are planing from the inside out. Lent him money people in the village farmers are selling food on the land accumulate money."

Wang Liang money loaned to another one of the villagers told the reporter, Wang Liang, by his family 10,000 yuan. This million is all the savings of his family.

During the interview, a reporter's question Show Qiantiao, verify it was the debt owed to the specific amount. Unexpectedly, the arrears of the villagers are not shaking their heads language.

"We did not Qiantiao." Said a villager, Wang Liang promised to take the time to borrow money to return a few days, has not written Qiantiao. Only a villager long-Xin Yan, Wang Liang wrote a "borrow 10,000 yuan, six percent interest," the borrowing bill.

Asked whether they had warning, the villagers still shaking his head.

"Is a village, the embarrassed police. Repeat Wang Liang gone, but the house only two over 50-year-old man, his wife and children, also failed to pay so much money……" The villagers have expressed .

Lawyers said the defaulters suspected of fraud

Against this matter, reporters yesterday afternoon consulting firm lawyers Hebei Zhong Cheng Sheng Jiang was informed that the parties whether Wang Liang in the coal business to do yet to be confirmed. If he does not do this business, but to use the name of the borrower to do business, to premeditated illegal possession for the purpose of defrauding others of money, suspected of fraud offences. In addition, Wang Liang high-income farmers to borrow for illegal fund raising.

"At present, the villagers should report as soon as possible to safeguard their legitimate rights and interests." Sheng Jiang said that this addition to the criminal responsibility of accountability Wang Liang, also held its civil liability for the return of loan losses and compensate the villagers.

For Wang Liang's family should bear the responsibility for the debt issue, Sheng Jiang said that "unless there is evidence that his family and his complicity common crime, debt or family members should not assume the responsibility."

Car who were flooded loss compensable

Car owners were flooded very upset

At 23:00 on July 13, reporters in agriculture Road, Garden Road, found that open-street can be seen everywhere covered under the two-car flash by the roadside waiting for rescue vehicles, some even worse even the knee-deep in water, "Pa Waterloo. " "Originally intended to last-saved, or here to choke off the. Can not, dare not restart, have been fighting over the phone to a friend, a moment to drag the repair shop." In the way of agricultural roads and intersections near , Mr. Liu, owner of the look of frustration. A reporter about the statistics, the only road in Garden Road to the agricultural Beihuan Lu, the reporter in East Banfu lane encountered a flooded more than 10 vehicles waiting for rescue vehicles.






Than choking off even worse is that Mr. Liu's car parked in Zhengzhou, the Garden District on the 21st century the underground car park owners. Two consecutive days of heavy rain, the area in the underground garage of dozens of vehicles staged "flooded the three armed forces" scenes, the water level almost to the location of the car door handles so that the owners suffered heavy losses. "I am up to the garage, I and my husband was a shock, in October last year to buy the car in the paralysis of the sewage Lanni. Underground garage in a 50 to 60 cm deep water, sewage The water level has Yanguo wheel. "Home in the 21st century community of Ms. told reporters," Our car was launched garage and opened all the doors inside the sewage, the stench inside the sewers there. "

As early as key to dealing with flooded cars "come ashore"

"Flooded vehicles, vehicle owners must first notify the insurance company the first time, in order to ensure that their claims by insurance companies." Pacific Insurance Henan branch of Mr. Sun warned that the risk in a newspaper at the same time, owners of vehicles should be timely The correct implementation of the rescue, to avoid vehicles in the stagnant water in a long time "bubble." "If the vehicle in a long time because of stagnant water in the 'immersion' and lead to damage to electronic components, claims the owners may be at the rescue was not timely and Jupei."

So in the car and rescue, the owners How do I do that can we do to minimize the loss »

"Vehicle was parked in the flooded, the owners do not open the door first, as soon as possible from the first vehicle launched in stagnant water, and the first time in the service station to a rescue call." Beijing Hyundai maintenance of a technical director at the Master Sun That need to remind that the vehicle pulled out from the water after the owners at this time do not try to see whether the launch vehicle, the engine has been at this time because of water, forced to start the engine will directly lead to "explosive cylinder." "Inundated after the car engine is not only afraid of water, while automotive computer systems and automatic transmission is also very afraid of water, owners of vehicles flooded in to take urgent measures, should not Louguo these parts." Master Sun said, Now the digitization of vehicles increasing, a lot of traffic on board computer, located in the engine compartment, the steering wheel column about the relatively more computer boards, vehicles flooded the time, these computer board by the threat of a relatively small number, however, After the stand-board computer on the location of relatively low, it is easy to water. "Vehicle was pulled out from the water, under conditions of the owners can use wrenches to tighten the screws release of battery, battery anode line removed, so the car could have been avoided because of water caused electrical short circuit. Cause more trouble. "

Loss of a spectrum who lose heart

Vehicles parked in this should be "the most assured," the underground car park, the result has been heavy rain to the "bubble" in need of major repair, as the owners of the hearts is naturally very angry. Then, the owner who is compensation for losses should be » Under such circumstances should the insurance company claims » As a community property and whether the company should be responsible for it »

Henan State Bank of the Song of a law firm lawyers told reporters that, under the responsibility of Che Sunxian provisions in the insurance period, due to heavy rain, floods and other natural disasters caused by the loss of motor vehicle insurance, insurance companies should be responsible for compensation by agreement. Such as car parks in the underground car park as a result of water damage to cars is in line with Che Sunxian conditions of the settlement. However, it should be noted that, if the vehicle was flooded, the owner tried to start the engine, resulting in engine damage, the insurance companies on the engine part of the loss of exemption clauses agreed.

In addition, the property company to pay a parking fee, and the formation of a property company paid the legal custody, a vehicle with a custodian at this time, have the obligation to weather forecasting, damage to promptly notify the foreseeable obligations and obligations, to take the necessary, Pai reasonable risk, rescue and post-remedial measures obligations. If the property companies neglect to prevent, not to make the necessary attention or management duties, leading to damage to vehicles, according to China's "Contract Law," the 374th section, the property owners of companies should bear the liability for damage.

At the same time, water underground garage and the developer may also design or construction does not meet the requirements are related. Underground car park is a very important is to have sufficient facilities from the general to foresee the storm formed by water in the drainage system in disasters. If the drainage system was designed from the beginning will not be able to meet the needs of the drainage, leading to the owners of parking spaces, based on the relevant legal requirements developers must bear the liability.

"According to their owners can choose the actual situation of the target of claims, and insurance companies in the owner claims has been completed, the company has made the recovery of property rights