Bitcoin: a case study of property law

1. Wang and Lin are neighbors. In 1962, Wang's family moved to other places. Because they didn't know if they would come back later, they lent their four houses to Lin for use and entrusted Lin for proper management. Since Wang left, Lin used the house. In 1980, because of the need for housing for his son's marriage, Lin renovated Wang's house, and built three new wing rooms in the courtyard occupied by Wang's house, with a total cost of about 1500 yuan. In 1993, because Wang was old, he went back to live in his hometown and let Lin return the house. So, Lin will Wang's original four houses back to Lin, he is still living in three rooms. Wang asked Lin to return the wing room. Lin said the wing room was built by himself and should be owned by him. If Wang wanted it, he could sell it to Wang. Wang believes that although the wing room was built by Lin, it is in his own hospital, so it should be owned by himself. What's more, Lin lived in his own hospital for many years without paying the rent, and he has returned the cost of house repair to Lin. The dispute between the two sides continued, Wang appealed to the court, requesting the court to order Lin to move out of the wing room and return it to him. Question:
(1) try to analyze the main legal issues involved in this case

the ownership of additives. Accretion refers to the combination of things of different owners to form inseparable things or things with new properties. As it is impossible or unreasonable in fact for the property formed by the addition to be restored to its original state, it is necessary to legislate to determine the ownership of the addition in order to settle the dispute

(2) try to use the principle of civil law to analyze the problem

in this case, Mr. Lin built the house within the scope of Mr. Wang's homestead. The right to use the homestead is consistent with the ownership of the house, which can only be owned by one person. Therefore, Mr. Lin can not obtain the ownership of the house. Therefore, in the case of building houses on the homestead with others, the wing room should be owned by Wang. However, in addition, the party who obtains the ownership has no basis to obtain the interests, and the losses caused to others should be returned within the scope of the interests. Therefore, Wang should return the improper interests to Lin. The scope of return is the cost of building a house and related labor remuneration

2. A living in a commercial and residential building on the second floor, the first floor is shops, property developers. One of the shops was rented by Party B to set up a chess and card room. People in the chess and card room often play mahjong all night. A and his children are often awakened by the shuffling sound downstairs in the middle of the night and can't sleep. A finds B many times and asks to close the chess and card room or limit the time of playing mahjong at night, or take measures to rece the noise. B although promised, but did not improve. Therefore, a sued B to the court, demanding to limit the time of playing mahjong
Q: can a's request be supported? What kind of claim does a exercise? Give reasons
answer:
A's request can be supported. Because the relationship between a's house and B's chess room is upstairs and downstairs, which is formed by two adjacent real estate. The noise in the chess and card room affects the rest of a and his family and infringes on the rights of the neighboring party. According to the property law, the owner of real estate shall not abandon solid waste or discharge harmful substances such as noise and light in violation of the state regulations. The specific performance of Party A's right of claim in property is to request the exclusion of obstruction. According to the provisions of the property law, the obligee can request the illegal infringer to remove the obstruction, or request the people's court to order the infringer to bear the responsibility of removing the obstruction.

3. In order to improve the efficiency of his land, Zhao and Li entered into an easement contract until the expiration of Zhao's contract term. Zhao is the easement owner and Li is the easement owner. Since Zhao and Li are both persons with full capacity for civil conct, and the contract of both parties has been put on record (here it should be understood that a written contract has been signed), the form is legal, so the contract takes effect when it is established
in 1987, Zhao transferred the orchard to sun with the consent of the village committee, and the transfer was legal and effective According to Article 162 of the property law of the people's Republic of China, if the land owner enjoys or bears the easement, when the land contractual management right or the right to use the homestead is established, the land contractual management right or the right to use the homestead shall continue to enjoy or bear the established easement. According to this provision, sun naturally has the right to continue to enjoy the original easement, and the easement obligee Li should continue to bear the established easement

similarly, as the transferee of the servitude, that is, the owner of the land contractual management right of the servitude, Wang should know that the easement has been established here when he contracted the land, so he should continue to bear the established easement in accordance with Article 162 of the property law. Wang's defense is not tenable
according to the property law, if the property right is or may be harmed, the obligee can request to remove the harm or eliminate the danger; Where damage is caused to the realty or chattel, the obligee may request for repair, remaking, replacement or restitution; If the infringement of real right causes damage to the obligee, the obligee may claim compensation for the damage or claim to bear other civil liabilities
based on the above provisions, combined with this topic, Wang should repair the canal and compensate sun for the loss.

4. In this case, Party A and Party B agreed to go through the transfer registration proceres on May 8. Now the house has been transferred and the ownership of the house has been transferred to Party B; Party A and Party B agreed to deliver the house on May 20, but Party A did not perform its obligations in accordance with the contract, so Party A's possession of the house at this time should belong to unauthorized possession. Of course, in this case, Party B must have paid the house purchase fee in accordance with the contract and fulfilled the obligation of paying the house purchase fee, otherwise Party A may exercise the right of defense to perform first and refuse to deliver the house on the ground that Party B fails to fulfill the obligation of paying the house purchase fee. In this case, Party A's possession of the house belongs to the right of possession

Party B may require Party A to continue to perform its obligations under the contract and deliver the house; They can also claim to cancel the house sale contract between them and ask Party A to bear the liability for breach of contract. Party B can also ask Party A to bear the tort liability according to the losses he has suffered

If Party B requires Party A to continue to perform its obligations under the contract and deliver the house, the relationship between Party A and Party B has not changed substantially, and Party A is still the debtor in the house purchase contract and shall deliver the house in time; Party B is the creditor in the house purchase contract because Party B has paid the purchase fee. If Party B claims to cancel the house purchase and sale contract between them, the relationship between Party A and Party B will change. The house purchase contract signed by Party A and Party B has been cancelled. Party A becomes the debtor of the new breach of contract e to its failure to perform its obligations in accordance with the contract, and Party B requires Party A to bear the liability for breach of contract and become the creditor of the new breach of contract

I'm not very good at this part. The third question may be wrong. I'll check it again. I hope it will help you

5. 1. The mortgage between Party A and Party B is valid and does not take registration as the effective element
2. The mortgage between a's father and B is invalid, and the school facilities cannot be mortgaged
3. The legal relationship between Party A and Party C is loan legal relationship and pledge legal relationship
4. The relationship between C and D is processing contract
5. In the guarantee, Ding Ke can be paid in priority
6. The final ownership belongs to Wu, and Ding's lien is extinguished because he lost his possession of the painting.

6. In 2010, Wang set up a "lost and found agency" to uniformly register and keep the items he found from cleaners, taxi drivers, bus drivers, etc., and publicize the information of the lost and found owners through Internet and other channels, When the owner claims the lost property, he will charge the corresponding fee according to the different value of the lost property, 30% of which will be the "Commission" of the finder. As of October 2010, the business license of the lost and found agency is still in the process of processing
setting: on October 10, 2010, party a lost his wallet, including his ID card and mechanism, totaling 2000 shopping cards. The wallet was picked up by cleaner B on the same day. B found Wang through the contact information on the leaflet distributed to him by the lost and found society, handed the wallet to the lost and found Society for safekeeping, and agreed to return the lost property to the owner by the lost and found society according to the conditions specified in the leaflet, and requested to pay fees and remuneration, Then 30% of them will be regarded as the "Commission" of Party B. On the 25th of the same year, "the lost and found agency" contacted owner a. In this process, Party B will pay the necessary fee of 50 yuan. The lost and found agency will pay 150 yuan for keeping the lost property and finding the owner. Please answer the following questions according to the facts of the case: 1. Can the lost and found agency ask Party A to pay the necessary fee of 50 yuan? Why? A: Yes. Because B is the finder of the wallet, when a notice is issued through the lost and found agency, the owner a and B will establish a debt of no cause management. Since Party B and "the lost and found agency" have agreed on 4 (question): is the mortgage established by Aijia company for each financial institution with its existing proction equipment, semi-finished procts and procts? Why? Which financial institution is the first order mortgagee? Why? The relationship between the mortgage of Changping cooperative and the mortgage of Changping Construction Bank

7. 1. The key to this problem is whether the transfer proceres have been handled in the process of housing sales. China's real estate registration is antagonistic, in this issue, priority protection of the transaction security, that is, the rights and interests of bona fide third party
2. Party A has not left any will, so Party A's property should be distributed according to the legal inheritance, but Party A has actually disposed of part of his property the right to use the house, which is legal and effective. This part of property that has been disposed of should not be included in the scope of inherited property, and should comply with the true intention of the inheritee< Article 51 of the contract law of the people's Republic of China stipulates that "if a person without the right to dispose of another person's property disposes of it, and the person without the right to dispose of it obtains the right to dispose of it after the obligee's ratification or the person without the right to dispose of it enters into a contract, the contract shall be valid." But a has passed away, it is impossible to recognize the validity of his behavior. In addition, according to the provisions of the property law on unauthorized disposal:
Article 106 If a person without the right to dispose transfers the real estate or chattel to the transferee, the owner has the right to recover it; Unless otherwise provided by law, the assignee shall acquire the ownership of the real estate or chattel if the following circumstances are met:
(1) the assignee is in good faith when he assigns the real estate or chattel< (2) transfer at a reasonable price
(3) the transferred real estate or chattel that should be registered according to the law has been registered, and those that do not need to be registered have been delivered to the assignee
if the transferee obtains the ownership of the real estate or chattel in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation from the person without the right to dispose of it
if the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall be referred to
because of the registration of house transfer, Ding has obtained the ownership of the house. Therefore, if Party B's interests are not legally protected, he can claim the same amount of compensation from Party C.

8. 1. According to the guarantee law, the establishment of mortgage requires the mortgagor and the mortgagee to sign a written contract. If the real estate is mortgaged, the mortgage registration shall also be carried out. Therefore, both mortgages are established
2. The mortgagee has the priority of compensation
3. When the mortgage is realized, the one registered first is preferred

9. 1. Co ownership by shares, not common (no common special relationship, such as family, husband and wife, partnership, etc.)
2; 2. Bona fide third party; Reasonable price purchase; (delivered)