Grassroots lawyers also have spring

Chapter 160 Good luck!

"The cross-examination will begin next. Does the plaintiff have any new evidence to submit?" Judge Slender looked at Wang Chuan and Zheng Yi.

"No!" replied the plaintiff.

"The plaintiff is giving evidence." The thin judge said with a blank expression.

Wang Chuan listed the loan agreement, bank transfer records, guarantee agreement, etc. in accordance with the catalog of evidence, and explained the purpose of proof.

The case was relatively simple. Tong Fang, the borrower, accepted all the plaintiff's evidence, and the guarantor's agent, a beautiful female lawyer, had nothing to say about the evidence, and all accepted it.

"The defendant presents evidence!" The skinny judge said routinely.

"There is no evidence." The two defendants replied.

In fact, Judge Shou also knew that the problem in the case was not the evidence, but the application of the law. He had consulted other colleagues before, but everyone's opinions were not unified, and they could be roughly divided into two categories.

Some colleagues believe that mortgage registration should be done for real estate mortgages. Since the guarantor in this case has not done the mortgage registration, the mortgage contract should be invalid and the mortgage right has not been established, so the guarantor should not bear the responsibility.

However, some colleagues believe that although the real estate mortgage has not been registered for mortgage and the mortgage right has not been established in this case, the mortgage contract is signed by both parties voluntarily and is the true expression of the parties. Therefore, the mortgage contract should be established and effective, and the guarantor should bear Liability for breach of contract, that is, joint and several liability for compensation within the scope of the value of the mortgaged property.

After signing the transcript of the trial, Wang Chuan and Zheng Yi walked out of the court.

"Lawyer Zheng, how do you think the judge will decide this case?" Wang Chuan asked as he walked.

"This case is relatively simple and the evidence is sufficient, but the only flaw is that the real estate mortgage guarantee has not gone through the mortgage registration procedures.

The debtor has no ability to repay the loan now. If the guarantor does not take responsibility, it will be difficult for Gao Dali to get his money back.But I think we still have a chance.Do your best to obey the destiny! Zheng Yi looked up at the sky, the sky was blue and blue, and there was no cloud in the sky.

On Friday, everyone returned to the law firm for a weekly meeting. After the meeting in the morning, Wang Chuan turned on the computer and suddenly a message popped up on the screen, saying that a new law was about to be implemented.He nodded casually.

"Lawyer Zheng! Lawyer Zheng! Come and see!" Ten minutes later, Wang Chuan screamed loudly.

The colleagues in the law firm were taken aback. In their eyes, Wang Chuan was a very stable person. Seeing him like this, they thought that something great had happened.Zheng Tongzi and other good-natured people quickly got up and surrounded them.

"What's the matter? I was kicked out by the door! Such a fuss!" Zheng Yi walked over with a disapproving expression.

"Brother, what's the matter? Did you find out about that little fresh meat's privacy?" Zheng Tongzi asked, staring at the computer screen with eyes as wide as light bulbs.

"No, the "Property Law" has been approved and will come into force on October [-]st of this year!" Wang Chuan said excitedly.

"Cut! It's just a law!" Zheng Tongzi waved away with a bored expression on his face.

"Hey! Another new law has been released, it seems that I have to learn it again. The major is well chosen, and the college entrance examination is every day!" Hao Renyuan, a tool man sitting beside him, sighed.

"Lawyer Zheng, look at this article! Article No. 15." Wang Chuan ignored the others, and the mouse cursor in his hand clicked on Article No. 15 of the "Property Law" that will be implemented soon.

"Contracts between the parties concerning the establishment, modification, transfer and elimination of real property rights shall become effective upon establishment of the contract, unless otherwise provided by law or otherwise agreed in the contract; failure to register property rights shall not affect the validity of the contract."

Zheng Yi stared at the screen, and when he finished reading No.15, the expression on his face became brilliant: "Damn it, Gao Dali's loan case is basically settled! The guarantor must bear the responsibility."

"It's just a pity that it won't be implemented until October [-]st!" Wang Chuan regretted.

"What are you afraid of! Now the "Property Law" has been reviewed and will be implemented soon. Since Article No. 15 is written in this way, it proves that the courts have judged this kind of cases before.

You don't know that before the promulgation of each law, the relevant departments will set up a special drafting group to visit courts at all levels to conduct research, and conduct demonstrations and discussions on some special issues.

Since Article No.15 of the "Property Law" stipulates this, then this kind of opinion should be the mainstream in the academic circles and judicial practice circles.

Immediately contact the presiding judge of Gao Dali's loan case, and let's share our opinion with him.Submit your written comments below. " Zheng Yi said.

He couldn't help sighing in his heart, Wang Chuan is so lucky!
"Okay, I'll draft a written opinion right away and submit it to the court." Wang Chuan said excitedly.

In the afternoon of the same day, Wang Chuan contacted Judge Shou and proposed to submit a written agency opinion. Judge Shou nodded in agreement and agreed to meet in court at [-]:[-] p.m.

At noon, Wang Chuan didn't follow everyone to eat, and was busy catching up with the agency's opinions. Pan + Jinlian took his own initiative and brought a black pepper beef tenderloin rice bowl for the elder brother.

Seeing Senior Brother Pan like this, Wei Ping didn't say anything, but felt sour for a while!
In the court hall, Wang Chuan looked at the skinny judge excitedly. At this time, the skinny judge was about to go upstairs after taking the proxy opinion, but he stopped him.

"Judge, have you read the newly passed Property Law?" Wang Chuan asked.

"Well, I know, I haven't spared time to read it yet, isn't it going to be implemented on October [-]st?" said the thin judge.

"Well, but Article No.15 of the "Property Law" is related to our case." Wang Chuan said.

"Oh?" The thin judge looked at Wang Chuan suspiciously.

Wang Chuan hurriedly took the opportunity to say: "The newly promulgated "Property Law" No. 15 stipulates: "Contracts for the establishment, modification, transfer and elimination of real property rights between the parties shall, unless otherwise stipulated by the law or agreed in the contract, start from the contract. It will take effect when it is established; if the registration of property rights has not been completed, the validity of the contract will not be affected. "

The guarantor of Gao Dali’s loan case provided mortgage guarantee for the debtor’s loan with his real estate. Because the mortgage has not been registered, the mortgage property rights have not yet been established. However, the mortgage contract signed by both parties is the true intention of both parties, and the guarantee contract should be valid.

The purpose of signing the mortgage contract between the two parties is to ensure the repayment of the loan. Therefore, the guarantor should undertake the debt repayment responsibility within the scope of the property value provided by the mortgage guarantee.

Although the "Property Law" has not yet been formally implemented, I think this article can be used as a reference for judging cases. Please consider it. "

"Okay, I understand what you mean. Do you have any relevant opinions in your attorney's statement?" The thin judge looked at the young lawyer in front of him and smiled.

"Yes, our opinions are all written in it. Sorry for your trouble!" Wang Chuan said politely.

"Okay, let's go back and wait for the judgment." The thin judge walked back and thought about going back to read the newly promulgated "Property Rights Law", and then asked the leaders in the court for instructions.

Wang Chuan was on his way back to the institute by bus when Luo Xiaoyu, the lady whose QQ screen name was "Fangxin gave it to a dog", called him again, nagging endlessly.

(End of this chapter)