Shandong Agricultural Mechanization Legal System Time and Space 2004.9 Legal Adviser Bicycle Lost Hotel has the responsibility to claim compensation. The boss explained that we were in charge of the vehicle during the day and were left unattended at night. I have not seen your bicycle. How can you prove that you put the bicycle here?
It turned out that some customers lost their bicycles in front of our store. We can't solve this problem. If we can't report it.
Ms. Wei and the boss and the cashier came to the Peony District Police Station to report the case. The mediation by the public security personnel failed. Ms. Wei was very angry and had to call the newspaper hotline for help, hoping to discuss a statement.
Ms. Wei, who lives in a computer company in Heze City, said that on the evening of May 17th, she and a few friends went to a restaurant on Dongfanghong Street to eat a bicycle that she had just bought for 420 yuan. Doorway. After entering the hotel, she asked the cashier at the front desk: The bicycle was placed at the door, insurance, the cashier replied: As long as the lock is no problem! In the middle of the meal, Ms. Wei was not at ease with her newly bought bicycle. She came out to see it. As expected, the bicycle was gone.
She found the owner of the store to explain the contract of the sale of the cow of the god of love, the contract agreed that A will deliver 5 cows to B, namely cattle 1, cattle 2, cattle 3, cattle 4, cattle 5, the total price is 1 10,000 yuan; B will pay a deposit of 3,000 yuan to A, and the remaining amount will be paid by B within six months. The two parties also agreed that A will retain the ownership of the five cows before B pays the cows. A delivered the 5 cows to B. According to the contract law and relevant laws, the following questions are answered: (1) Before the cattle payment is paid, the cow 1 is killed by lightning, and the loss is borne by the cow. Before the cattle payment is made, the cow 2 gives birth to a calf. Whoever enjoys the ownership of the cow, before the cattle payment is paid, the cow 3 kicks C, and the loss of medical expenses and lost time of the flower is 1000 yuan. Who should bear the loss, set before the cow pays off, B and D A contract for the transfer of the cow 4, before the delivery of the cow 4 to Ding, how effective the contract is, before the payment of the cow, Ding Ai A retains the ownership of the cow, B and Ding reached a contract to transfer the cattle 4 , the price is 2,000 yuan and the cow 4 is delivered to Ding.
Ding Neng, according to this, the ownership of the cow was obtained. Before the payment of the cattle payment, B rented the cow 5 and the euro, the lease term was 3 months, and the rent was 200 yuan. Whether the lease agreement is valid, how the rent should be handled, and how effective the deposit terms in the contract are, consulted Heze Caozhou Law Firm. A lawyer surnamed Qin said that according to the Consumer Protection Law, customers go to the hotel to consume, and a formal catering service contract is formed between the customer and the hotel. The hotel should be responsible for the personal and property safety of the customer, such as good care. Vehicles placed at the door, etc. As a customer, you can give evidence of consumption at this hotel; you can also give evidence of the car at the entrance of the hotel. If you can use the dining invoice certificate issued by the hotel, you can also ask the friends who go to eat and the cashier of the hotel to prove it. Customers can apply for negotiation by the consumer association of the industrial and commercial department, or they can go to court.
(Xue Cui) Luo Wenjun is responsible for the loss. Because according to the provisions of the Contract Law, the risk of damage or loss of the subject matter of the sale and purchase contract shall be borne by the buyer from the time of delivery of the subject matter.
Ownership is granted by B. Because according to the provisions of the Contract Law, the suffocation caused by the subject matter after delivery is owned by the buyer.
The loss shall be borne by B. Because according to the "General Principles of the Civil Law", if the animals raised cause damage to others, the animal keeper or manager shall bear civil liability.
The validity of the contract is undetermined. Because before the payment of the cow, the ownership of the cow 4 belongs to A, and B has no right to dispose of it. According to the "Contract Law", a person who has no right to dispose of the property of another person, and if the person who has been ratified by the right holder or who has no power to dispose of the contract has obtained the right of disposition, the contract is valid.
Ding can take ownership of the cow 4 accordingly. Because Ding is from the legal possessor in good faith and paid for the cow 4, according to the principle of good faith in the civil law, Ding can take ownership.
The agreement is valid, the rent is suffocating and should be owned by B.
The deposit terms in the contract are partially valid. Because according to the "Guarantee Law", the amount of the deposit shall not exceed 20% of the amount of the main contract, that is, the deposit shall not exceed 2,000 yuan. 26
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