Becoming a lawyer starts with raising a Xiezhi

Chapter 279 Honesty and Credibility
Niu Zhao couldn't sit still outside, and Mu Xurong couldn't come out of Meng Lang's office. She was worried, so she knocked on the door on purpose.

Seeing her knock on the door, Meng Lang immediately said, "Miss Niu, come here and listen to this case together."

After Meng Lang said this, Niu Zhao walked in, and Mu Xunrong couldn't let her in now.

After Niu Zhao came in, he sat next to Mu Haorong and asked with a smile what the case was.

Meng Lang simply said it once, and Niu Zhao also laughed. He didn't expect that there were people named Huang Laoxie and Mei Chaofeng.

After telling Niu Zhao, Meng Lang asked Mu Xurong to continue talking.

Mu Gaorong said: "Huang Laoxie's reason for suing is that the love-debt agreement is invalid. Since it is invalid, Mei Chaofeng must return 100 million yuan. The contract is invalid, and the property should be returned to those who should return it. This is his reason .”

After hearing the reason, Meng Lang immediately thought about it in his mind, and said to himself, there is an expert behind Huang Laoxie, the lawyer he hired must have given him the idea, the contract is invalid, and he must return to the situation before signing the contract State, if both parties are at fault, they shall bear the responsibility for the negligence of the contract.

In this case, both men and women were at fault, because they both knew that this agreement violated public order and good customs, and violated public order, good customs and social morality. The 100 million yuan given to Mei Chaofeng needs to be returned.

High, really high, after playing with women, you can legally get the money back, this is not a trick that ordinary people can come up with.

"Oh, this is troublesome. Mei Chaofeng will probably lose the lawsuit." Meng Lang thought for a while and said.

Mu Xurong said: "The lawsuit has already been lost, and now Mei Chaofeng has found me, it is the second trial."

"Huh? Have you already lost the first trial?" Meng Lang was surprised.

Mu Xunrong said: "Yes, the first instance ruled that the agreement is invalid, and Mei Chaofeng has to return Huang Laoxie 100 million yuan."

Both Meng Lang and Niu Zhao were silent. The court's judgment was correct, but it made people feel that something was inappropriate. Just imagine, if both men and women sign such an agreement in the future, after the signing, the man will sue. After asking for the money back, wouldn't the woman suffer a lot?
Some people may say, who wants you to be someone else's lover, you deserve it!

But you can't say it like this. This is obviously discriminating against women. After a man takes care of his lover, he only needs to file a lawsuit to gain both money and money, while women lose both money and life. This is too unfair.

Even men have to fight for women.

"What do you think?" Meng Lang asked Mu Xurong after a moment of silence.

Mu Xurong said: "There is nothing wrong with the judgment of the first-instance court. The agreement must be invalid, and an invalid contract requires the return of property. I felt something was wrong about this matter, and I couldn’t make up my mind, so I came to find you.”

Hearing what she said, Meng Lang didn't say anything, so he turned to Niu Zhao and said, "Miss Niu, tell me if there is any problem with the verdict in this trial."

Niu Zhaodao: "I think there must be a problem. Although the court of first instance sentenced it according to the law, but the sentence was beyond everyone's understanding, then there must be something wrong. After a man takes care of a woman, he sues and wants to go back. What is this? You are so shameless, you must find a way to turn this case over."

Meng Lang asked, "How to translate it?"

Niu Zhao thought for a while and said, "Can't the court of second instance change the sentence?"

Meng Lang said: "The court of second instance can change the sentence, but you have to have a reason. Huang Laoxie sued to confirm that the contract is invalid. How can the court of second instance say that the contract is valid? The first trial was wrong. This agreement is indeed a violation of public order and good customs, and it cannot be confirmed that it is valid. ah."

This question caught Niu Zhao. No matter how the court of second instance wants to amend the sentence, it cannot bypass the determination of the validity of the agreement. If it is found to be valid, it is against the law. If it is found to be invalid, there is still no way to change the sentence. Lawyer It is necessary to find reasons for the court to change the sentence.

Niu Zhao thought for a long time, but couldn't come up with any idea, and Mu Xunrong couldn't think of a way. Seeing that they both frowned and couldn't come up with an idea, Meng Lang decided to hold a meeting to study the case.

Qiu Xuanxiang, Liu Hu, and Shao Haibo all participated in the analysis meeting. After hearing this, Qiu Xuanxiang and Liu Hu said with a smile: "This is a good move, and we will learn from it in the future."

As soon as these words came out, Niu Zhao and Mu Xurong almost beat them.

Meng Lang said seriously, "Stop talking so much, and analyze this matter carefully."

Shao Haibo frowned and said: "Huang Laoxie and Mei Chaofeng agreed that Mei Chaofeng would not be his lover in order to return the 100 million. Now there is no evidence that Mei Chaofeng is not willing to be his lover. Asking for money is not in line with the principle of good faith. No one can benefit from his illegal behavior. Huang Laoxie violated the principle of good faith. The 100 million yuan should not be returned. He filed a lawsuit for confirmation, and the court should The agreement was only invalidated, and Mei Chaofeng should not be ordered to return the 100 million. If Mei Chaofeng wanted to return the 100 million, Huang Laoxie should file a lawsuit again and demand the return of the 100 million. Mei Chaofeng can argue that she did not violate the agreement, but it was Huang Laoxie who violated the agreement, and she should not return the 100 million yuan, so is it okay to find grounds for appeal?"

As soon as Shao Haibo finished speaking, Qiu Xuanxiang immediately said: "Lawyer Shao, what you said is too complicated. It violates the principle of good faith. The premise is that the agreement is valid. If it is invalid, what good faith are you talking about? And as long as the agreement is invalid, you should return 100 million. There is no need to sue again, for your reasons."

Shao Haibo said: "That's not the case. The principle of good faith should apply to everything. For example, in a crime, someone broke his promise. Although crime is an invalid act, if one party is dishonest, the law will still be against him. , but now that Huang Laoxie has been dishonest, the law is in his favor, which is obviously problematic. The lawsuit to confirm the invalidity of the contract does not include the content of returning the property, so Huang Laoxie should sue again."

After hearing this, Liu Hu said, "What you said made some sense, but what you said was so complicated, how could you persuade the judge to change the sentence? Besides, you may have confused the judge after you talked for a long time, and the result may not be good. I think We need to find other grounds for appeal."

Meng Lang was also listening to Shao Haibo's words. What Shao Haibo said did make sense. Honesty and credibility are the most basic principles in civil law. It can be said that a history of civil law is a history of honesty and trustworthiness. Without honesty and trustworthiness, there is no civil law.

(End of this chapter)