A "classic" is passed
The Civil Code of the People's Republic of China came into force on 1 January 2021. With a total of more than 100,000 words, the Civil Code covers all aspects of social and economic life and is closely related to the lives of the people, and is known as the "encyclopedia" of social life, the "manifesto" of people's rights, and the "basic law" of the market economy. What? 100,000 words of law seem too boring? Then follow the editor to learn the Civil Code through cartoons!
03
Contracts
If the online purchase is lost before the delivery is signed, the seller shall be responsible.
【Links to legal provisions】
Article 512 of the Civil Code: If the subject matter of an electronic contract concluded through the Internet or other information networks is the delivery of goods and the delivery is made by express logistics, the consignee's signature time is the time of delivery.
Article 604 The risk of damage to or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after delivery, unless otherwise provided by law or agreed by the parties.
If the electricity bill is not paid for a long time, the power company can cut off the power.
【Links to legal provisions】
Article 654 of the Civil Code The electricity user shall pay the electricity fee in a timely manner in accordance with the relevant provisions of the State and the agreement of the parties. If the electricity user fails to pay the electricity fee within the time limit, it shall pay liquidated damages in accordance with the agreement。 If the electricity user still fails to pay the electricity charges and liquidated damages within a reasonable period of time after being reminded, the power supplier may suspend the power supply in accordance with the procedures prescribed by the state.
Where the power supply is suspended in accordance with the provisions of the preceding paragraph, it shall notify the power consumers in advance.
"Borrow 10,000 to repay 100,000", don't be afraid of usurious loans.
【Links to legal provisions】
Article 680 of the Civil Code prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the State.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.
If the loan contract is not clear on the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.
The sublease of the "second landlord" must be agreed by the original lessor.
【Links to legal provisions】
Article 716 of the Civil Code The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
The house has been resold and the lease is still valid – "the sale does not break the lease"
【Links to legal provisions】
Article 725 of the Civil Code If the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected.
At the end of the lease term, there is priority in renewing the lease at the same price.
【Links to legal provisions】
Article 734 of the Civil Code If the lease term expires and the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.
At the expiration of the lease term, the tenant of the house has the right of priority to lease on the same terms.
Resolutely say "no" to the "hegemonic" defaulters!
【Links to legal provisions】
Article 815 of the Civil Code Passengers shall take the flight according to the time, flight number and seat number recorded on the valid ticket. If a passenger travels without a ticket, overrides, skips a class, or takes a preferential ticket that does not meet the conditions for price reduction, he/she shall pay the fare in addition, and the carrier may charge an additional fare in accordance with regulations; If the passenger does not pay the fare, the carrier may refuse carriage.
The intermediary conceals that the house is mortgaged, and the buyer's interests are damaged.
【Links to legal provisions】
Article 962 of the Civil Code provides that the intermediary shall truthfully report to the client on matters relating to the conclusion of the contract.
Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation.
It is illegal to "skip orders" to buy a house, and the intermediary fee is not exempt
【Links to legal provisions】
Article 965 of the Civil Code If, after accepting the services of an intermediary, the client uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract, it shall pay remuneration to the intermediary.
Source: Hung Yen Watch
Reprint website: Tangshan Kaiping Civil Code series of comics Let's get together! — Contracts
Editor: Zhang Jing