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Chapter 53 Statutory Property Rights

Zhao Jing said: "I didn't look carefully when I was on our terrace just now, but the encroachment should not be very obvious, so we didn't find it."

I said, "If you look closely, you can still see it."

Zhao Jing said: "So this person surnamed Wei and this property company are too brave. We must find a way to deal with them."

I said, "Let's deal with the garbage problem first."

At this time, Zhao Jing's cell phone rang.

She took out her cell phone and saw that it was a strange landline number. After connecting, the voice of Xiao Zhang from the property owner: "You are the owner of 1501, Building 3, right?"

Zhao Jing said, "Yes."

Property Xiao Zhang said: "You go home and wait a moment now. A few cleaners will come up later to help you clean up the garbage on the terrace."

Zhao Jing said, "Okay."

After hanging up the phone, Zhao Jing took my hand and stood up, saying, "Let's go, husband, let's go back first."

Back to Room 1501, Building 3, after a while, a man and two female cleaners entered our open door, and the man in charge said, "Boss, let's come and clean up the garbage on the terrace for you."

Zhao Jing said, "Okay."

The man looked around and said, "Is the terrace upstairs?"

Zhao Jing said at this time: "Yes, by the way, there is a lot of dust in our house. Can you give you some money? Please clean it together?"

The man whispered with the other two cleaning staff and said, "Is it OK to have a wallet of two hundred yuan?"

Zhao Jing and I exchanged eyes with our eyes and said in a nonsense saying: "Two hundred dollars are OK."

So Zhao Jing nodded and said, "Okay, two hundred is two hundred, but you have to clean it up."

The man smiled and said, "The boss was joking. We did this. Give us two hours to ensure that it is spotless."

Next, three cleaners began to clean the garbage and the house.

At this time, Zhao Jing took out a pack of tissues from her bag, carefully wiped the middle of the huge mahogany sofa in the living room, and said, "Husband, let's sit here and wait for them to finish their work."

I walked to Zhao Jing and sat down, touched her head, and said, "This is our little nest in the future."

Zhao Jing leaned on my shoulder and said with a pout, "I just met my annoying neighbor."

I said, "Yes, the garbage problem is easy to deal with. How can I solve the problem of Wei, the next door, encroaching on our terrace? Let's go to a lawsuit?"

Zhao Jing thought for a while and said, "Can you go to a lawsuit? What is the general principles of the Civil Law? It stipulates that citizens' legal property is protected by law, and it is prohibited to encroach on, loot, destroy or illegally seize, seize, freeze or confiscate.

.”

The General Principles of Civil Law implemented at that time were still in the 1987 edition, and Zhao Jing was talking about Article 75, Paragraph 2 of the edition at that time.

The Property Law was not issued until 2007, and Article 71 of the Law was established on "owners have the right to possess, use, benefit and dispose of their exclusive parts of the building. The owner shall not endanger the building's exercise of rights.

Safety shall not damage the legitimate rights and interests of other owners." and Article 245: "If the possession of real estate or movable property is encroached on, the possessor has the right to request the return of the original property; for acts that hinder possession, the possessor shall

Have the right to request the elimination of obstacles or the elimination of dangers; if damage is caused by embezzlement or obstruction, the possessor has the right to request compensation for damages. If the possessor's right to return the original property is not exercised within one year from the date of the embezzlement, the right to claim shall be extinguished

.”

Because the Star Travel, which wrote a million words, wasted a little time, and the time for the King of Hell's election was postponed. Now the Civil Code of the People's Republic of China has also been released, and the Property Law has also expired, but in order to learn, I

Keep the above section.

Article 272 and Article 426 of the Civil Code of the People's Republic of China are similar to the aforementioned provisions of the Property Law and will no longer occupy space.

Therefore, we can certainly file civil lawsuits for the Wei family's behavior of building walls in cross-border according to the above two provisions of the Civil Code of the People's Republic of China, but of course we could not use this as a legal basis at that time in 2001.

I said, "Okay, let's have a preliminary contact with the Feng Shui master named Wei first. If you can't get into a deal, then you'll go to a lawsuit."

Zhao Jing said: "But I found another problem."

I said, "What's the problem."

Zhao Jing said: "When I was at the Real Estate Bureau, I carefully looked at the original property certificate of the house. The terrace was not drawn into the property certificate?"

I said, "That means?"

Zhao Jing said: "That means that this terrace was given by the developer. We have no property rights, and at most we only have the right to use it."

I said, "Then you may not be able to win a lawsuit?"

Zhao Jing said, "I don't know, I don't have relevant experience either. Well, I want to read a book."

After saying that, she took out a "Common Laws and Regulations" from her bag, which was five or six centimeters thick.

Anyone who studies law knows that this kind of "Xiaohou Book" is a "magic tool" for our review exams.

After flipping through the "Xiaohou Book", Zhao Jing looked at one of the pages of the book and recited: "Article 83 of the General Principles of Civil Law also stipulates that the adjacent parties to real estate should be beneficial to production and convenient for life.

, unity and mutual assistance, fair and reasonable spirit, correctly handle adjacent relationships in water interception, drainage, passage, ventilation, lighting, etc. If an obstacle or loss is caused to the adjacent party, the infringement shall be stopped, the obstacle shall be eliminated, and the losses shall be compensated."

I said, "Well, we can add this article as our legal basis for litigation at that time."

Zhao Jing said: "If I can't reach an agreement with the Wei family, I have to ask my senior lawyer."

I smiled and said, "I thought you knew everything."

Zhao Jing gave me a blank look and said, "You are still a law student now. You don't understand the situation after our work. Lawyers also have their own expertise. What's more, I haven't passed the exam yet. Let alone our law firm, the judges and prosecutors are also

Each has his own expertise, especially judges and prosecutors, who are also divided into different courtrooms or departments. Just like the gynecologists and pediatricians in hospitals. Although they have studied basic medicine, they suddenly change departments and have new business

I'll still be unfamiliar."

I nodded and said, "That's right."
Chapter completed!
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