Subjective aspects, objective aspects, and results must comply with the regulations.
In the People's Court of Guangming District, Fang Dazhuang is still familiar with the road.
After handing in the relevant materials, the staff inside were surprised after reading it: "Mr. Fang, are you claiming compensation for one compensation for breach of contract and compensation for mental damage at the same time?"
After finishing speaking, I also reacted: "Oh yes, the new regulations in the Civil Code, Mr. Fang, where did you find such a classic case?"
"Hi, I just ran into it by chance."
The staff member smiled and said, "If you win this case, it will probably become one of the classic cases of the Supreme Court interpreting the law with cases this year."
After speaking, I saw that Fang Daxiang couldn't hide his smile.
"That's not necessary, really unnecessary, I just want everyone to understand the new civil code."
------off topic-----
Moisturize your throat this morning Chapter 1, cough cough, thank you for the idiot, poetry book, martial arts long bow, Jiuzui lingering, Fengxin Youmi, book friend 2018, another novice, hurricane horse, fat cat story, book friend 2022 , lazy torrent, people who wait for the dark, speak lightly, thoughtfully, deaf who can hear, thank you brothers for your reward, thank you.
Chapter 218 The real advantage of this wave is mine
Really, Fang Dazhuang is such a "simple" man.
He is really not for those false names.
It's not like those male stars in the entertainment industry, who are praised by the big guys as pure as a blank sheet of paper. I have never seen such a pure boy.
As a result, he went in and sang tears behind bars.
The staff inside said with a smile: "Teacher Fang, in fact, personally, I don't think the provisions of Article 996 of the Civil Code can be claimed at the same time as compensation for breach of contract."
"I think there must be a time when tort liability and breach of contract liability coexist before claiming compensation for mental damage, at least there must be a personality tort."
Fang Dazhuang nodded and said, "I understand what you mean, this point can indeed be discussed."
As for whether the liability for breach of contract should claim compensation for mental damage, in fact, before the introduction of the new civil code, there were actually many debates in the legal circle.
Among them, the first to bear the brunt is the travel contract!
What kind of contract is the tourism contract? It is controversial in itself. Of course, many people agree that this is a mixed type of contract.
Why is the travel contract relatively special? The reason is very simple. Why do you travel?
You spend so much money and travel so far, what are you planning?
Crowding people?Or expensive air tickets and hotels?
Normally, you should be looking for your own happiness, that is, spiritual enjoyment in a certain sense.
So when various problems arise during travel, you will feel very angry, because you feel that you are a big wronged person, and you will not be happy after spending money on it.
Therefore, you originally went for spiritual enjoyment, but ended up getting so angry, can you claim compensation for spiritual damages in this case?
This is the problem that has always been there before.
Therefore, after the new provisions of the Civil Code, many people believe that, at least on the issue of tourism, they can claim compensation for mental damage due to breach of contract.
Of course, Fang Dazhuang’s view is another, that is, damage to personality rights must be constituted, that is, there must be a combination of tort and breach of contract before he can claim compensation for mental damage.
Moreover, this article itself belongs to the chapter on personality rights in the Civil Code.
So when he saw the video of the tour guide scolding Zhou Yi's parents, he felt that he had met a noble person.
The act of a tour guide abusing tourists is a combination of liability for breach of contract and liability for tort.
Swearing, of course, is a violation of personality rights, there is nothing wrong with that.
As for whether it was serious damage, the parents were scolded and depressed, okay, isn't this serious?
The two sides discussed each other with each other, and the lawyers who lined up behind and also planned to file the case also started chatting after seeing this.
But soon everyone realized that it was not possible, and there were still many cases to be filed.
After the staff reviewed it, they handed over the case filing notice to Fang Dazhuang.
Everyone knows that Fang Daxiang's material review is basically fine. In this regard, he is a man who is more careful than the court staff.
The case was filed, and Fang Dazhuang sent the notice of filing to Zhou Yi as before.
And here, Zhou Yi took his parents back to the community.
"Xiaoyi, why don't you go on a blind date, I..."
Just in the middle of speaking, I heard a crisp voice coming from the front.
"Brother Zhou, long time no see!"
Hey, Zhou's mother moved her eyes, and immediately saw a pretty girl standing in front of her, wearing a pleated skirt and her face covered with collagen.
"Xiao Xu, it's been a long time. What are you going out?"
The one in front is Miss Xu, who is laughing there right now.
"Yeah, I'm going out, is this uncle and aunt?"
While asking, he already came up and said, "Hello, Uncle and Auntie."
"Hey, hello, Xiaoyi, this is..." Mother Zhou asked quickly.
"This is a neighbor in our community, we knew each other before." Zhou Yi said hastily.
Miss Xu curled her lips, what kind of neighbor, a friend can die!
"Oh neighbor, hello neighbor, hello neighbor..."
Seeing that Zhou's mother seemed to be ready to ask questions, Zhou Yi quickly said: "Then I have something to do when I go back, let's go mother!"
When I got home, before Zhou's mother could ask me any questions, Fang Dazhuang sent the notice of filing the case, and Zhou Yi said that he would make a video.
Then he quickly hid in the bedroom.
Only Zhou's father and Zhou's mother were left looking at each other in the living room.
After a long time, Zhou's mother said with a worried face: "Oh, his father, you said this made me hesitate even more."
Father Zhou sat on the sofa without saying a word, and he hadn't written his horoscope yet. When he saw a girl, he wanted his son to find him...
Zhou Yi naturally didn't care about this, he didn't lie, he had already started preparing to make a video.
Of course, the main work has to be done at the studio, and all relevant materials have been sent over on the way back.
This time it is still the same as before, as long as it involves the exposure of real information, it will be made into a stickman animation.
The boss notified, and the studio began to work overtime. After a few hours, it was all completed in the evening.
After the video was sent, Zhou Yi reviewed it, and then started dubbing.
"Hello, dear viewers, everyone. I am your old friend Ayi. This video is mainly about travel agencies."
"It wasn't before, when my parents applied to a travel agency, they were worried that something might go wrong, so I did it myself, and even called Lawyer Zhou, for fear of being scammed!"
This paragraph is followed by the scene when I went to Xingtianxia Travel Agency. Of course, they are all stickman animations.
The name and appearance of the travel agency were not disclosed.
"I was afraid of being taken shopping, but in the end I was taken shopping."
"Not only that, the pure play group that spent so much money was ridiculed by the tour guide saying that if you don't have money, don't travel."
"Everyone knows my temper, and I can't stand it. When my parents came back, I went to negotiate with someone and asked for compensation. Unfortunately, they said that I shouldn't go to them, but to the local agency."
"But our contract was signed with them, why should we go to the local agency, so when the communication failed, I directly chose to sue."
"Another unpretentious prosecution, Fang Dazhuang was not needed, but he is very interested in this case, so let him do it!"
"Here is the notice of filing the case, the complaint."
After thinking about it, Zhou Yi wrote the title:
"Travel agency for fun and shopping? Arrangement!"
After finishing writing, take a closer look, there are no omissions, this time the proportion of stickman animation is relatively large.
After all, most of them are recordings, except that there are videos from the tour guide.
The relevant parts of the travel agency are also all stickman animations.
Done, hit upload!
While waiting for the review, Zhou Yi began to read the news. To be honest, he always thought that the things he encountered were outrageous, but he didn't expect that the things in his life were even more outrageous.
No, a piece of news quickly attracted his attention. Someone who worked in the company owed the company money after working for a month. Can you believe it?
The horse rider suddenly felt that Director Wang was a good person, at least it was impossible for his subordinates to owe the company money.
Those who are hanged by street lights dare not do this!
It can only be said that if I encounter this kind of thing and make a video, I will definitely be sprayed bloody by the audience.
You fucking are forcibly lowering your intelligence, you know, there is no such company in reality!
This news makes my blood pressure rise.
Simply having nothing to do, Zhou Yi opened up his college classmate group, which he has closed since graduating from college.
It's not that the relationship with the classmates is not good, but that the students who have a good relationship will contact each other in private.
Moreover, the classmates in the dormitory of their class, from all over the world, said that they wanted friendship forever when they graduated, but they went their separate ways as soon as they graduated.
It's hard to say how many times I can meet for the rest of my life.
Many people will talk about classmate reunions, but in fact, if you have a good relationship, people will get together on their own, and if you have a bad relationship, what can you do if you get together?
Those who have money want to pretend to be aggressive, and those who have no money can only watch them act aggressively. In short, it is really unnecessary.
This is the first time I clicked in after graduation.
Strange to say, it feels like a long time has passed since I had the system, and I moved from a rental house to a community.
The bad neighbors and the property were defeated, and the pirated video and Internet violence were settled, but in fact, it has only been more than half a year.
As a result, when I came in, I found that the big guys didn't talk much, but sometimes someone would send some links.
Not surprisingly, Zhou Yi saw Bing Xixi again.
In the past, he thought that only his parents could play this thing, but now he saw this link and realized that many of his classmates are also playing it.
Other than that, there was no other news. No one spoke to the originally lively group of classmates.
This is probably growth.
On the other hand, Zhou Yi's video has already been reviewed. To be honest, for this video, some people feel that their blood pressure has risen again! .
"Sister Yuan": That's the taste, that's right, it's the same when I went out to play before, but I was going abroad, and the tour guide also said that I don't have money, don't travel, it almost didn't kill me!
"Purple Star Yaoyue": It's not their responsibility, so don't say anything more, sue him, sue him until he is convinced!
"Feng Qingyue": I think on the one hand, I have to sue, and on the other hand, I have to complain to the tourism bureau, two prongs!
However, some people feel nothing.
This kind of thing belongs to the fact that you can empathize with it when you really encounter it.
Only then can I realize what it feels like to be led to shop non-stop, so I feel a little boring.
Zhou Yi naturally also saw these comments, and he knew why everyone felt boring, because he was so generous that every time he defended his rights, it was a bit too easy.
You only need to collect evidence as required, pay money, and then Fang Daxiang can solve all problems!
Looking at it this way, I am a proper tool man.
It's just that I don't know how to change it yet, Zhou Yi is thinking hard.
The time of thinking is always long, and the time of a few days flies by.
In Xingtianxia Travel Agency, Zhou Xiaoxiao was sitting inside, chatting with customers on the mobile phone, and chatting with Li Qing next to him by the way.
"Hey, this time is the peak season, why are there so few people traveling this year." Li Qing complained beside him.
These are actually sales, and no group means no income.
Zhou Xiaoxiao shook her head and said, "Who knows, hey, do you know that their current low-cost group in Hannan Province has reached more than 800, it's really crazy!"
This level of low-price group made them feel horrible to those in the industry, and they had reached the point of unscrupulous.
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