Because the vehicle is unable to check the annual inspection, the buyer asked to terminate the car purchase contract, and the court judged this!

Recently, Judge Zhang Jingchao, a People's Court of the Juye Court, tried to buy and sell contract disputes together. After the judgment was served, the plaintiff appealed. The current judgment of the first instance has been legal effect.

Case introduction

The plaintiff Xiaohua wanted to buy a heavy truck of the defendant A company. After viewing it on the spot, in the case of knowing the vehicle's inventory car, on January 13, 2016, he signed the "Vehicle of the Vehicle on the Cycling of the Van’ s purchase and sale of the truck. Sale Agreement. After Xiaohua paid the car to the defendant, the defendant delivered the vehicle, driving license and operating license to the plaintiff Xiaohua, and Xiaohua spent 20,000 yuan to install a large box on the truck. The vehicle was conducted normally in 2016 and 2017. During the annual inspection of the vehicle involved in the case in January 2018, the actual height of the vehicle involved in the vehicle involved in the vehicle management institute was not consistent with the display height of the driving license and the operating license display, and the inspection could not be passed. The plaintiff then filed a lawsuit with the court, advocating the defendant to conceal the actual situation of the vehicle involved in the case, and used fraud to provide false vehicle information, which caused the purpose of the contract to be realized. And compensate the vehicle operation loss. The defendant did not recognize the plaintiff's claim and requested the court to reject the plaintiff's lawsuit.

Court trial

The plaintiff Xiaohua knew that the vehicle involved in the inventory car involved in the case, voluntarily purchased the vehicle involved in the case, and the two parties formed the relationship between the buying and selling contract. Sexual regulations, legal establishment and effectiveness. The plaintiff Xiaohua went on the spot and chose to buy the vehicle involved in the case. While the plaintiff delivered the car purchase, the relevant transportation management department also applied for a motor vehicle driving license and road transportation certificate for the vehicle involved. Both parties have no objection to the fact that the vehicles involved in the case in 2016 and 2017 have no objection. According to Article 90 of the "Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China", the plaintiff Xiaohua proposed the defendant Company A uses fraud to provide false vehicle information, but has not submitted valid evidence to confirm it. It should bear the adverse consequences that cannot be proved by themselves.

When the plaintiff Xiaohua said that when the vehicle was examined in January 2018, the vehicle management office informed the actual height of the vehicle involved in the case of the vehicle displayed by the driving license and the operating license. Company A advocates the cancellation of the contract, and according to the "Several Provisions of the Supreme People's Court on the Application of the" Play of the People's Republic of China> Time ", Article 3, paragraph 3, and Article 25 of the" Effective Regulations ", the plaintiff did not exercise the contract within the validity period to terminate the contract to terminate the contract to terminate the contract to terminate the contract. The right and the right to terminate have been eliminated, so the request made by the plaintiff's request to terminate the "Vehicle Sales Agreement" signed by the two parties and the claim for the defendant to refund the car purchase and compensate the corresponding losses based on the contract. ask.

Quote

"Several Provisions of the Supreme People's Court on the Application of the" Play of the People's Republic of China> Time ", paragraph 3, paragraph 3: The legal facts before the implementation of the Civil Code continued to the implementation of the Civil Code, the case of civil disputes caused by the facts of the legal facts, applicable The provisions of the Civil Code, except for other provisions of law and judicial interpretation.

Article 25: The contract established before the implementation of the Civil Code. At that time, the law and judicial interpretation of the time did not stipulate and the parties did not agree to terminate the right to exercise the period. The reason for the dismissal will not be exercised within one year from the date of the implementation of the Liberal People's Code, the people's court shall determine that the right to terminate shall be determined in accordance with the law; if the terminal knows that after the implementation Article 2 of Article 2 on the term of the term of the exercise of rights.

"Explanation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 90: The facts based on the fact that the party's lawsuit requests the lawsuit requests or refutes the other party's litigation request shall provide evidence to prove it, but Except for other provisions.

Before making a verdict, if the parties failing to provide evidence or evidence are not enough to prove their facts, the parties who have the responsibility of the proof of proof shall bear the adverse consequences.

Judge remind

Article 564, paragraph 2 of the "People's Republic of China", stipulates that the right to terminate the right to terminate the right of the contract will not exercise or be exercised one year from the date of the termination of the term.

The right to form the right to terminate the contract, and the parties who enjoy the right to termination of the contract in accordance with the legal or agreed parties can attribute the contract effect to the existing transaction order and have a significant impact on the rights and obligations of the parties. If the rights of the rights of the right to enjoy the right to enjoy the contract, neither exercise nor give up. Because the contract may be lifted at any time, it will make the rights and obligations of the contract parties in a state of unstable state. The purpose of stable economic order is contrary to.

The right to termination of the contract, like other formation rights, should be restricted during the exclusion period, that is, the unchanged period.Therefore, after the rejection period, the parties do not exercise the right to terminate or agreed to terminate, they shall be determined that the right to terminate is destroyed.On the other hand, the "sleepman in rights" should not be protected. One party does not exercise the right to terminate the contract for a long time, which is enough to prove that it does not terminate the true willingness of the contract.s right.Therefore, the exercise of the right to terminate must be timely, and once the exclusion period, the consequences of the right to eliminate rights will be generated.Source: Civil Code Pu Law

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law.If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

- END -