Becoming a lawyer starts with raising a Xiezhi

Chapter 283 The Judge Made a Difficulty

The evidence submitted in the second trial is basically consistent with the facts found in the first trial, so there is nothing to prove and cross-examine in the second trial. Therefore, the key to the second trial is how to determine the facts of the case.

So, the intense court debate began.

Meng Lang said: "The appellee Huang Laoxie ignored social morality and signed a lover's agreement with the appellant, which violated the law. He sued the court to claim the return of the love debt, which has no basis in law. The first-instance judgment was wrong. It should be corrected."

As soon as Meng Lang finished speaking, Huang Laoxie's lawyer retorted: "The appellant's reason is absurd. He clearly knows that the agreement is in violation of the law and is invalid. After the contract is invalid, it needs to return to the state before the contract. Now The court of first instance ruled that the repayment of the love debt was in compliance with the law, and there was nothing wrong with it, and the appellant just didn’t want to return the 100 million.”

Hearing this, Meng Lang asked: "Does the contract need to be repaid if the contract is invalid?"

Huang Laoxie's lawyer said triumphantly: "Of course, the contract is invalid. What right does the appellant have to continue to possess the 100 million yuan?"

After hearing this, Meng Lang remained calm, and then asked, "Why do you need to repay the love debt if the contract is invalid?"

"Why? Has the appellant's lawyer ever studied law? Didn't he know that after the contract is invalid, it must be restored to the state before the contract? If there is a fault, it needs to bear the fault liability for the contract, and both parties in this case are at fault, so there is no mutual agreement. To pursue the negligent liability of both parties, we only need to restore the state before the contract." Huang Laoxie's lawyer seemed to say to the court with a look of disdain.

After Meng Lang heard this, he said, "Very well, the appellee's lawyer has a very high level of law, and I admire it very much. I just want to ask a question. If the appellant returns the 100 million yuan to the appellee, it means restoring the legal standard to the appellee." Is it the status before the contract?"

"Isn't it? The appellee gave the appellant 100 million, and now the contract is invalid. The state before the contract is naturally to return the 100 million. What else does the appellant need to argue?" Huang Laoxie's lawyer immediately replied.

Meng Lang said: "The appellee signed this kind of agreement in violation of social morality, and later claimed the money back. It seems to be in compliance with the law, but in fact it is extremely obscene. Just now, the appellee's lawyer kept saying that he would restore the contract to the previous one." Okay, let’s think about what the status was before the contract. Before the contract, the two parties had not become lovers, but after the contract they became lovers. After becoming lovers, how to restore the status before the contract? Money can be restored, Can the previous relationship between lovers be restored? Can my client’s youth be restored?”

As soon as he said this, Huang Laoxie's lawyer was startled for a moment, and then suddenly said with a smile: "This is called a willingness to fight and a willingness to suffer. Your client has youth, and my client also has youth."

"Shameless!" Meng Lang suddenly said loudly, startling Huang Laoxie's lawyer, after hearing it clearly, Huang Laoxie's lawyer said to the judge: "Report to the presiding judge, the appellant's lawyer has personally attacked me. "

As soon as he finished speaking, the judge asked Meng Lang, "Appellant's lawyer, did you personally attack the respondent's lawyer just now?"

"No, presiding judge." Meng Lang said.

The judge said: "Then please continue."

Ignore Huang Laoxie's lawyer, Huang Laoxie's lawyer saw him with an angry face.

"If one is willing to fight and the other is willing to suffer, the appellee can't claim the 100 million yuan! The appellee is married, and my client has never been married, and the appellee only gave me the money. The client’s 100 million yuan was bought for my client’s youth. They made it very clear in the agreement that if he is unwilling to maintain a lover relationship with the appellant, the 100 million yuan will be given to the appellant as mental damages and living allowances. Why such an agreement? Obviously, he knows that my client’s youth is very precious. Now that the contract has been ruled invalid, and to restore the state before the contract, then my client’s youth must also be restored. Is there such a possibility? Since My client cannot restore the status before the contract, so why should the appellee be ordered to return to his previous status? Therefore, in a word, return my client’s youth and return the 100 million!”

The judge who said this sentence nodded repeatedly, and even the audience understood, understood, yes, yes.

When Huang Laoxie's lawyer heard this, his face turned green, but he still struggled and said: "The appellee also has time to pay. No matter what you say, after the contract is invalid, the property must be returned. This case cannot be avoided. matter!"

Huang Laoxie's lawyer recruited everyone into the army again. He also said that after the contract is invalidated, how to deal with the aftermath is a troublesome matter.

If you don't pay attention to it, it's not appropriate, and if you ask, do you want to return the 100 million?If not returned, what is the reason?
At present, there is no reason to dismiss Huang Laoxie's lawsuit.

But it is obvious that what Meng Lang said is reasonable. If it is restored to the state before the contract, it is not just a matter of returning 100 million yuan, because the 100 million yuan was originally intended to buy the appellant's youth and body, just like the two parties signed a deal For the goods contract, if the contract is invalid, not only the money but also the goods must be returned. If only the money is refunded, what about the goods?Let the other party take advantage?

What makes everyone feel inappropriate now is that Huang Laoxie took advantage of it, so it is unfair. If Huang Laoxie returns the goods, it will be nothing.

But how does Huang Laoxie return the goods?The lost youth of the appellant will never come back. If Huang Laoxie has this kind of ability to return goods, then he will really become a fairy.

How should the case be judged?
At this time, the judge also encountered difficulties. Don’t think that the parties and lawyers will encounter difficulties when facing the case, and the judge will also encounter various difficulties when adjudicating the case.

Prior to this, they had tried a love debt dispute that had not yet been paid. At that time, they were based on the guidance of the provincial court, and they did not support the transformed loan that the party claimed was detrimental to public order and good customs, and directly rejected the claim. This is different, the previous case has not been paid, but now this case has been paid.

I have never encountered such a thing before after paying and then returning it. If Huang Laoxie's claim is directly dismissed, it will be equivalent to admitting that Mei Chaofeng's possession of the 100 million is legal. In fact, this kind of violation In a matter of public order and good morals, it is inappropriate for Mei Chaofeng to receive 100 million. The court cannot support this kind of agreement that involves Xiaosan.

(End of this chapter)