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marlboro5542
Dołączył: 27 Sty 2011
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Wysłany: Pon 2:25, 28 Mar 2011 Temat postu: Building's exterior walls smashed aluminum car sen |
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The accident occurred off the building aluminum plate. Shiyou Xing million Lingyun She
2009 年 VIII damaged. In no one is willing to pay for the car damage case, the owner angrily, the whole building for all property rights - a total of 13 were all to court seeking compensation for economic losses. Well, the typhoon damaged cars smashing into trouble, whether to Yesterday, reporters from Zhenjiang Jingkou Court heard that on March 15 the court of first instance verdict, which gave an answer: not found The ordinary man, strong typhoon losses force majeure, but this dispute the ruling, to break people's habitual thinking, to tell people whether the typhoon,
owner:
aluminum my car was smashed, who lost?
victims Mei-juan (a pseudonym) is one of Zhenjiang, August 10, 2009 afternoon, she was running errands for failing to find parking, they put a car parked in Zhenjiang Zhongshan East Road, Building F, in the spring next. The same day, No. 8, Night around 6:30, Mei-juan ready to drive home, when she braved the rain to his car next to a sudden gust of wind hit, the wall outside the building in the spring scraped off plastic plates. Aluminum just a few of them hit the car in the Mei-juan, causing serious damage to the vehicle windshield.
So Mei-juan to claim the building in the spring, but found the building as many as 13 property rights, are reluctant to assume any liability for all damages, while the proportion of how to share the compensation, We are unable to reach consensus. Mei-juan helpless, August 26, 2009, she will be 13 All property rights to court. Asking them to compensate for the losses 36,600 yuan.
defense:
Typhoon scraped aluminum, is the force majeure
prosecution for Mei-juan, who argued that property rights: the claims are based on the basic facts No objection. But the day a typhoon, the There are property rights argue that in this case they did not implement risk behaviors, Mei-juan should not be them as defendants.
more property argued: The aluminum plate is not off the wall, are wall decorations, the decorations are not they installed, who installed who owns, who manages who is responsible, Mei-juan should be to aluminum composite panel installation and management of people ask for compensation.
the same time, all the rights of people agreed that the Mei-juan chaos parking, or parking spaces properly, their own faults in the occurrence of this damage has a direct cause of the results, we should also bear the corresponding responsibility.
Court:
Mei-juan wall decoration material loss caused by vehicle damage, the building of the property shall share civil liability according to the proportion of equity share.
Mei-juan parking, the occurrence of the damage has some fault, where appropriate, reduce the building 20% of the civil rights of people.
reference to expert conclusions, the court found crush of 2.9 million. The defendant claimed that the damage occurs by the Accordingly, the court based on the relevant provisions of law, property rights were involved in the first instance verdict, a common compensation Mei-juan 2.2 million yuan.
Explanation: This can not be attributed to Typhoon foreseeable force majeure
the judge told reporters that the main focus of dispute in this case was in an accident, Typhoon is a Can Disclaimer. Well, the typhoon is
force majeure force majeure refers to the external power, that is unforeseeable, unavoidable and insurmountable objective conditions. Including volcanic eruptions, earthquakes, typhoons, floods, hail and other natural disasters and wars and other social phenomena. The subjective will of the parties at the disposal of non-external phenomenon.
But the judge stressed that the Typhoon in China are common natural disasters, coastal areas in China will have a year,[link widoczny dla zalogowanych], many of them to the inland penetration of the typhoon. Meteorological and related science in today's highly developed, usually the typhoon is expected, and by taking appropriate measures to reduce the impact of the typhoon to a minimum, or even avoided. Therefore, under normal circumstances, the typhoon is not as Only a small part of the typhoon, although able to predict in advance, but because of its high strength, damage is great, people can not even take measures to prevent incidents, such as typhoons, to be a
case involves the However, when the Case,
judge also repeatedly stressed that the external walls of buildings in the spring aluminum plate has been used for many years, part of the aluminum plate is loose, easily detached, property rights may take measures in advance to avoid accidents. But property rights were not fulfilled this obligation, it is not exempt. Zhong Ya Li Gang Shi Youxing Correspondent
reporter million Gun
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Zobacz poprzedni temat :: Zobacz następny temat |
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b4bt1246
Dołączył: 22 Lut 2011
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Wysłany: Pon 11:02, 28 Mar 2011 Temat postu: |
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2008 are gone ,[link widoczny dla zalogowanych], recall this year, what feelings ! Speaking they are a little funny, tried ,[link widoczny dla zalogowanych], failed , a good time, sad too , loved and lost before, the pain and cried ! 2008 is the most impressive in my life a year
recalled their past life , I feel life is really like a movie,[link widoczny dla zalogowanych], there is much to regret , he is a profligate youth, the sinner! Scene after scene of the fragments appear and disappear in the sky . Memories of a sunny day the world have rain , rain, rainbow too I want to be here now,[link widoczny dla zalogowanych]! Ha ha! The role of these let me grow , let me mature one, give me too much, too ... ... sorry when the urge to say something like ... irresponsible ... why ah nostalgia , a feeling of no quality . Now that is really more suitable for me ,[link widoczny dla zalogowanych], hey, at least for now appears to be already . Whirring ... ... experience more, the idea will change. Is not life continues to grow and change so! Love is unexpected , and can look forward to , but not manufacturing. A poem by : flowers dog a bad side to be folded , not to let flowers lost stubs . Ten thousand dollars a person you spend one hundred yuan , you are only one per cent of his ; and one of only ten people you spend ten dollars , you became his all. The same is true of life measured not by how much , but its share !
[link widoczny dla zalogowanych]
[link widoczny dla zalogowanych]
[link widoczny dla zalogowanych]
And most of all, I will laugh at myself for man is most comical when he takes himself too seriously. Never will I fall into this trap of the mind. For though I be nature's greatest miracle am I not still a mere grain tossed about by the winds of time? Do I truly know whence I came or whither I am bound? Will my concern for this day not seem foolish ten years hence? Why should I permit the petty happenings of today to disturb me? What can take place before this sun sets which will not seem insignificant in the river of centuries?
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