Recently, the Supreme People's Court issued the 30th batch of 6 guiding cases, mainly related to civil contracts, for reference by people's courts at all levels when trying similar cases.
Guiding Case No. 166 "Beijing Longchang Weiye Trading Co., Ltd. v. Beijing Urban Construction Heavy Industry Co., Ltd." The problem is whether the people's court supports the request for reduction of liquidated damages in the settlement agreement liquidated damages litigation.
Based on the principles of fairness and good faith, this case clarified the circumstances under which the people’s courts may not adjust liquidated damages, effectively preventing the parties from evading enforcement, “false settlements, and real evasion of debts”, protecting the legitimate interests of the parties that abide by the agreement, and guiding the parties to be honest Keeping promises has a positive meaning.
Guiding Case No. 167 "Beijing Datang Fuel Co., Ltd. v. Shandong Baifu Logistics Co., Ltd. Sales Contract Dispute", clarified that during the execution of the subrogation litigation, the execution procedure was terminated because the counterparty had no property available for execution, and the creditor The people's court shall support the claims to the debtor for the claims that have not actually been repaid.
This case explains that the prerequisite for the elimination of the principal creditor's rights and debts of subrogation litigation is that the counterparty has actually fulfilled the obligation of repayment.
When the counterparty fails to actually perform the obligation of repayment, the main debtor will not constitute a repeated litigation in separate litigation claims against the debtor.
The establishment of this adjudication rule in cases is of great significance for the people's courts to implement the relevant provisions of the Civil Code and to correctly try such cases.
Guiding Case No. 168, "China CITIC Bank Co., Ltd. Dongguan Branch v. Chen Zhihua and Other Financial Loan Contract Disputes", clarified that the mortgage guarantee is provided by real property, and the mortgager's failure to register the mortgage in accordance with the mortgage contract does not affect the validity of the mortgage contract.
If the creditor claims that the mortgagor shall be liable for breach of contract compensation within the value range of the mortgaged property according to the mortgage contract, the people's court shall support it.
It also clarified that if the mortgagee is at fault for failing to complete the mortgage registration, the mortgagee's liability for compensation shall be reduced accordingly.
This case solves the inconsistency in the application of law, such as the failure of the mortgage registration by the real estate mortgagor in the current trial practice, to establish the mortgage right, whether the mortgagor should bear the responsibility and how to bear the responsibility.
Guiding Case No. 169 "Xu Xin v. China Merchants Bank Co., Ltd. Shanghai Yanxi Sub-branch Bank Card Dispute", clarified that the cardholder provides evidence to prove that others embezzled the cardholder’s name to conduct online transactions and request the card issuing bank to bear the stolen account funds The reduced liability for damages, if the issuing bank did not provide evidence to prove that the cardholder violated the obligation to keep the information properly, and only claimed that the cardholder’s identification information and transaction verification information were consistent with the claim that it would not be liable for compensation, the people’s court would not support it.
This case has guiding significance for the people's court to determine the risk and responsibility sharing after online fraud, and it has a positive effect on regulating the behavior of credit card banks, ensuring the security of bank card transactions, and safeguarding the legitimate rights and interests of cardholders.
Guiding Case No. 170 "Rao Guoli v. A Material Supply Station and Other Housing Leasing Contract Disputes" clarified the house leasing contract signed by the parties. Although the violation was an administrative rule, the house involved has been identified as a dilapidated house and must be demolished, and it was agreed that the house should be rented out. Since the operation of a business hotel that may endanger the personal and property safety of unspecified members of the public has obviously harmed the public interest and violated public order and good customs, the lease contract shall be deemed invalid in accordance with the law.
The judgment rules confirmed in this case conform to the spirit of the Civil Code and the "Minutes of the Ninth People's Association", which are conducive to standardizing the order of the building rental market, reducing the entry of dangerous houses into the rental market, avoiding major personal and property damage accidents, and guiding contract parties and the public Complying with laws, administrative regulations and rules and systems in civil activities and daily life, operating honestly and faithfully in accordance with the law, and promoting socialist core values and good customs have guiding significance.
Guiding Case No. 171 "Zhongtian Construction Group Co., Ltd. v. Henan Henghe Real Estate Co., Ltd. Construction Project Construction Contract Dispute", clarified that the execution court shall compulsorily execute the construction project of the developer in accordance with the application of other creditors, and the contractor shall apply to the execution court If it is claimed that it enjoys the priority right of compensation for the construction project price and the exclusion period has not expired, the contractor shall be deemed to have exercised the priority right of compensation for the construction project price in accordance with the law.
The people’s court shall not support the case that the developer uses the right of priority to be paid for the construction project when the contractor is suing to defend the case over the expiration period.
This case is of guiding significance for the people's court to accurately grasp the way in which the priority of payment for construction projects is exercised.