Title:Civil Law Cases
Book Number:620934
Publisher:China University of Political Science and Law Publishing House
Price:14.6
ISBN:756201775
Author:Yao Hui Wu Gaochen Shi Jiayou
Publication Date:1999-01-01
Edition:1
Folio:32
Table of Contents:
Table of Contents
Chapter 1 Overview of Civil Law
Section 1 Objects Adjusted by the Civil Law
I. Property Relationships between Equal Subjects
Case 1 Yang Jingang v. Changsha Municipal Public Security Bureau for Damage Compensation
II. Personal Relationships
Case 2 A District People's Court v. Huang Mou, Fu Mou, and a "Enterprise Newspaper"
A Daily Newspaper Infringement of the Right to Reputation
Case 3 Wang Mou and Ni Mou v. An International Trade Center Tort Case
Section II: Relationships between the Civil Law and Relevant Legal Departments
I.Civil Law and Commercial Law
II.Civil Law and Economic Law
III. p>
Third, civil law and administrative law
Case 4 Jiangdu City "Yongchun Photo Studio" and 38 other photo studios v. Jiangdu City
Education Bureau, Jiangdu City Education Industrial Company Unfair Competition
Case 5 Heilongjiang Economic Information Center v. Lv Mou, Liu Mou Publicly Owned Houses
Four, civil law and labor law
Section III: Sources and interpretation of civil law
I. Sources of civil law
Case 6: Han Mou v. Wang Mou Divorce Case
Case 7: Wang Xingjuan, Chen Yulu v. Chen Ping Confirmation of the right to live in a house
II. Interpretation of civil law
(1) Legislative Interpretation
(ii) Judicial Interpretation
(iii) Informal Interpretation
Section IV: The Scope of Application of the Civil Law
I. The Scope of Application of the Civil Law in Time
Case 8: Zhuang Guan, Ni Meihua v. Ni Lai Huo, Zhang Yinlian, Confirmation of the Right to Occupancy of a House
Case 9: Chen De Rou v. Chen De Qun, Infringement of the Right to Ownership of a House
II. Spatial Scope of Application
Third, the scope of application of civil law to people
Chapter II: The Basic Principles of Civil Law
I. The Principle of Equal Status of Civil Subjects
II. The Principles of Voluntariness, Fairness, Equal Payment and Honesty and Faithfulness
III. The Principle of Protecting the Legitimate Interests and Rights of Civil Subjects
IV. Principle
V. Principle of safeguarding the interests of the State and the public **** of society
Case 10 Jiujiang City Gannbei Subsidiary Food and Beverage Company, Jiujiang City Real Estate
Company v. Jiujiang Xinda Real Estate Development Co. Ltd. Demolition
Returning of Housing Case
Case 11 Liu v. Yi for Tortious Damage Compensation Case
Case 12 Zhang Lianqi, Zhang Guoli v. Zhang Xuezhen Damages
Case 13 Wuhan Gas Co. v. Chongqing Detection Instrument Factory Breach of
Contract
Chapter III Civil Legal Relations
Section 1: Overview of Civil Legal Relationships
I. The Concept of Civil Legal Relationships
Case 13 Chen Yaochun v. Lou Jiasong Return of the Original Objects
II. Classification of Civil Legal Relationships
(I) Property Legal Relationships and Personal Legal Relationships
Case 15 Zhu Hong v. Shanghai Science and Technology Newspaper, Chen Guanyi Infringement of
Portrait Rights
(II) Absolute Legal Relationships and Relative Legal Relationships
Section II: Elements of Civil Legal Relationships
I. Subject of Civil Legal Relationship
Case 16 Xu Ronghu v. Shanghai Baoshan District Sitang Xincun Street
Case of Custodianship Contract of Yangtze River Residents' Committee No.5
Secondly, Content of Civil Legal Relationship
Thirdly, Objects of Civil Legal Relationship
Case 17 Li Mou v. Anyang Municipality Funeral Parlor for Wrongly Burning a Corpse and Infringing on Reputation
Thirdly, Civil Legal Facts
I. The concept and meaning of civil legal facts
II. Classification of civil legal facts
Chapter IV Civil Rights and Civil Obligations
Section I. Civil Rights
Case 18 Liang Jun v. Tianjin Center Obstetrics and Gynecology Hospital, Chen Bingli
Li Lan Damage Compensation Case
Section II. Classification of civil rights
I. Property rights and personality rights
Case 19 Liu Yukun v. Zheng Xianqiu Divorce and Property Division
II. Dominance, claims, defenses, and formative rights
III. Master and subordinate rights
Section III: Subject matter of civil rights
Case 20 Liu Wenshou v. Wang Zhenlin Return of Bonus
The case was brought before the court by the court. p>
Case 21 Lv Mou v. A Shipping Company Returning the Price of Sold Ore
Case 22 Zhou Mou v. A Law Firm Entrusted Agency Contract Dispute
Case 23 Dai Ailan v. Ying Lijie, Wu Yue Demolition and House Return Agreement
Chapter V Citizens (Natural Persons)
Section I Civil Rights Capacity of Citizens
Case 24 Chen Xiuqin v. Wei Xilin and Tonight Newspaper (魏锡林、《今晚报》) Infringement on the Right of Reputation of the Deceased Daughter
Section II Civil Behavioral Capability of Citizens
One: Full Civil Behavioral Capability
Two: Restricted Civil Behavioral Capability
Case 25 Yuan Mou v. Industrial and Commercial Bank of China, Shanghai Nanshi Sub-branch, Returning
Money Case
Three. The civil behavior capacity
Case 26 Hou Mou v. Zou Mou, Lin Mou return to touch the prize
Four, the civil rights of citizens and civil behavior capacity of the comparison
Case 27 Li Jiansheng v. Li Baoxin repayment of debt
Section III guardianship
I. The order of the guardian
(a) the guardian of minors
(B) Guardians of Mentally Ill Persons
The Second Order of Guardians
The Third Order of Guardians
Declaration of Incompetent or Restricted Persons
Case 28 Li Mou v. Wang Mou Dissolution of Marriage
Case 29 Zhang Mou v. Xu Mou Divorce Case
Case 30 Fan Shizhou, Wu Songying v. Xu Fenzhu, Fan Ayan Yuan Guifu
Fan Liangju Damage Compensation Case
Section 4: Citizen's Domicile, Resident Identity Card and Domicile
I. Domicile, Resident Identity Card
II. Domicile
Case 31 Wang Mou v. Certain Housing Management Office, Fu Mou Company, Tort Case
Case 32 Lu Boquan v. Chen Fangjun, Chen Xuezhong, Yan Tuihua Return
Case 31 Wang Mou v. A Housing Management Office, Fu Mou Co. p>Financial Jurisdiction Objection Case
Section V. Declaration of Disappearance and Declaration of Death
I. Conditions for Declaration of Disappearance
Case 33 Yu Mou v. Zhang Mou Divorce Case
II. Disposal of Property After Declaration of Disappearance
III. Revocation of the Declaration of Death
VI. Handling of the Life of a Declared Dead Person
Section VI: Individual Industrial and Commercial Households, Privately-Owned Enterprises, and Rural Contractors
I. Legal Protection of Individual Industrial and Commercial Households, Privately-Owned Enterprises, and Rural Contractors
II. Liability
Chapter 6: Legal Persons
Section 1: Concepts and Characteristics of Legal Persons
I. Legal Persons in Associations and Consortia
Enterprise and Non-Enterprise Persons
Case 34: Labor Union of the Shanghai International Guido Hotel Co. Section 2: Establishment of a Legal Person
I. Established by Law
II. Having Necessary Property or Funds
III. Having Its Own Name, Organization and Premises
Case 35 Shanghai Wuzhou Chemical Industry Research Institute v. Huang Fukang, Possession of Documents, Seals
Documents
IV. Able to Independently Assume Civil Liability
Case 36 A machine brick factory v. A construction team breach of contract case
Case 37 A service company v. A furniture factory breach of contract case
Section III of the legal person's capacity for civil rights and civil behavior
Case 38 a city commercial and trading company v. A city of agricultural production materials comprehensive
Menchants breach of contract case
Section IV of the legal person's independent property
Section V. Liability of Legal Entities
I. Limited Liability of Legal Entities
Case 39 Jin Yanmin and Hou Jianghu v. Raoyang County Jinzhuang Brick Factory and Jin
Zhuang Village Committee Borrowing Dispute
II. Internal Liability Relationships of Legal Entities
Case 40 Ruijin Hospital of the Second Medical University of Shanghai v. Wei Shougui, Shanghai
Sea Gull Brewing Co. >Sea Gull Brewing Company and Li Senxiang for reimbursement of medical expenses
Section VI: Change, termination and liquidation of legal persons
I. Change of legal persons
II. Termination of legal persons
III. Liquidation of legal persons
Section VII: Associated companies
Case 41: Zhejiang No. 3 Construction Engineering Co. v. Dongyang City Painted Stream Construction
Construction Engineering Co. Engineering Company and People's Government of Painted Stream Township, Dongyang City, Construction
Case of Construction
Subcontract of Construction
Chapter VII Partnership
Section I. Overview of Partnership
I. Concept of Partnership
Case 42 Li Man v. Chen Jiadu Partnership Dispute
II. Partnership and Legal Personality
Section II. Partnership Property
I, Property invested by partners
II. Property accumulated by partnership business
Case 43 Chen Xuelian v. Wuzhong Prospect Computer Service Department Partnership
Contract
Section III: Operation of the partnership
Case 44 Du Wenquan v. Zhou Renru, Zhang Peide Partnership Contract
Section IV: Debts of the Partnership
I. Admission
II. Withdrawal
III. Termination of Partnership
Chapter VIII: Civil Legal Acts
Section I. An Overview of Civil Legal Acts
Case 45 A Garment Manufacturing Factory v. A Home Appliances Company for Damage Compensation
Case 46 Mrs. Li v. Zhu and Li Reward Advertisement Dispute
Section 2: Classification and Forms of Civil Legal Acts
I. Classification of Civil Legal Acts
(1) Unilateral Acts, Two-Directional Acts, and Multi-Directional Acts
(2) Essential Acts and Don't Want Acts
(3) Promise Acts and Practical Acts
(4) Paid Acts and Unpaid Acts
(4) Paid Acts and Unpaid Acts < /p>
(v) Acts in rem and acts of claim
(vi) Causal and causeless acts
(vii) Primary and accessory acts
(viii) Independent and auxiliary acts
II. Forms of Civil Legal Acts
(i) Oral form
(ii) Written form
(iii) Presumptive form
(IV) Silent form
Case 47 Chen Peizeng v. Zhang Li, Guan Tiemin, Liaoyang Hongwei District
Shuguang Credit Union Tort Case
Section III: Validity Requirements of Civil Legal Acts
Case 48 Shijiazhuang Dongjian Industrial General Corporation v. Shijiazhuang Berlin
Boiler Plant Purchase and Sales Contract Case
Case 49 Guo Meilan v. Industrial and Commercial Bank of China Beijing Haidian Sub-branch
Return of Property
Section IV Invalid Civil Acts
Case 50 Cheng Mou v. Zhongdian Open Source Corporation Home Appliances Commercial Building Infringement of
Consumer Rights and Interests
Section V V Voidable Civil Acts
Case 51 Yinchuan Aluminum Profiles Factory v. Wang Chunlin Prize Savings Dispute
Section VI: The Consequences of Civil Acts Being Recognized as Invalid and Revoked
Section VII: Conditional Civil Legal Acts
Case 52: Yang E v. Huang Rong'an, House Confirmation Case
Chapter IX: Agency
Section I: Overview of Agency
I: Concepts and Characteristics of Agency
Cases 53 Wang Mou v. Nanjing a foreign trade store prize shopping disputes
Case 54 Wuhan Sante Real Estate Development Co. v. Chen Yanming
Agent
Section 2, the exercise of the right of agency
I. General Guidelines on the Exercise of the Right of Agency
II. Abuse of the Right of Agency
Section 3, the agency without authority
I. The Concept of Unauthorized Agency
Case 55 Conoco Import & Export Corp. v. Zhu Wenjun Agency Contract
II. The Consequences of Unauthorized Agency
(1) Situations in which Unauthorized Agency Undergoes the Effect of Normal Acts of Agency
(2) Situations in which Unauthorized Agency Doesn't Undergo the Effect of Normal Acts of Agency
III. Apparent Agency
Case 56 S City Narita Co. v. C City Dazhan Co. C City Commodity
Exchange proxy disputes
Section IV Re-agency
Case 57 Song Changliao v. Luo Yan Return of Shares
Chapter X Statute of Limitations
I. The Concept of the Statute of Limitations
Case 58 Tan Chuanyou v. Teng Jiunyin Nullity of Indemnification Agreement
Second, the types of statute of limitations
(A) general statute of limitations
(B) special statute of limitations
Case 59 Wang Mou v. Li Mou debt disputes
Third, the commencement of the period of limitation of the lawsuit
Case 60 Li Huanxiong v. Li Jinfa damages
Case 61 Fu Fu Cheng v. Chengdu Composite Descending Resistant Material Factory Patent
Infringement Case
Four, the suspension, interruption and extension of the statute of limitations
(A) the suspension of the statute of limitations
(B) the interruption of the statute of limitations
Case 62 Huainan Carton Factory v. Dongyang City Packaging Factory Purchase and Sales
contract case
(C) the extension of the statute of limitations
Chapter XI Civil Liability
Section I: Concepts and Characteristics of Civil Liability
I. Concepts of Civil Liability
II. Characteristics of Civil Liability
Section II: Types of Civil Liability
I. Liability for Breach of Contract
Case 63 Yangtze River Shipbuilding General Corporation Jinling Shipyard v. Nanjing Steamer Electric
Machine Factory Processing Contract Dispute
II. Tort Liability
Case 64 Wang Zhiying v. Meng Xiaojun Damage Dispute
Section III: Principles of Attribution of Civil Liability
I. Concepts of the Principles of Attribution of Civil Liability
II. Types of Principles of Attribution of Liability
(1) The Principle of Fault Liability
Case 65 Liu Yulan v. Yuji City Grain Store Street Savings Office Compensation for Losses
Case 66 Lin Qiliang v. Zhangzhou City Supply and Marketing Cooperative Cooperative for Damages
(II) The Principle of No-Fault Liability
Case 67 Zhang Xia v. Wang Tianzhi Compensation for Losses from the Wenling County Electric Power Company Dispute
(III) The Principle of Equitable Liability
Section IV Undertaking Ways of assuming civil liability
Case 68 Bao Mou v. Sun Mou infringement of the right to reputation
Case 69 Jia Guihua v. Beijing Film Academy Youth Film Studio
Infringement of the right to portrait
Case 70 Jia Mou v. Aerosol Co. Ltd. and a kitchen supporting
equipment factory of a restaurant for personal injury compensation