案例分析民法1（Case study, civil law, 1）.docVIP

案例分析民法1（Case study, civil law, 1） A need for money, entrusted with the second generation of its five houses sold in Shanghai. B accepts the entrustment, sells the house to C. C and B talk about housing prices below the market price, C to B said, after all, I would like to offer B 10 thousand yuan as compensation. B telephone contact a, B too believe B, and because things busy and no time to compare prices, that is, entrusted B agent signed housing sales contracts. A later learned that B and C collusion with each other, to lower prices, they sued the court and called for damages. Q: is the sale of housing by the 1. B agent effective? Why? What is the legal basis? Who should compensate for the loss of 2. armour? Why? Answer: 1. B enjoys the lawful right of agency, whose behavior sells the house to the third, is to exercise the power of agency. (2 points) however, in the exercise of his rights, B acts against the interests of the agent, and the act is invalid. (2 points) According to the general principles of civil law, the act of malicious collusion and damaging the interests of the third party is invalid civil act. Therefore, what is done by B is invalid civil act. (4 points) 2. B and C jointly cause a loss, and a person has the right to claim all rights with either of them. (4 points) because the general principles of civil law stipulate that if the agent and the third party conspire to damage the interests of the principal, the agent and the third party shall be jointly and severally liable. An electroplating factory from 2005 onwards for a car fuel tank factory electroplating parts and components, in October 2007, the automobile fuel tank factory and auto parts factory merger, changed its name to the automobile manufacturing plant. Before the merger, automobile fuel tank factory has accumulated in electroplating factory processing fee of 570 thousand yuan, after the merger, the electroplating factory car factory to recover arrears, automobile factory is automobile