After entrusted to the room friend to buy lottery, the roommate changed the number of 10,000 yuan after modifying the number!Who should this bonus return?

Author:Harbin Daily Time:2022.08.28

I believe many people have bought lottery tickets

But Mr. Zhou in Hangzhou, Zhejiang

When the entrusted room friend was purchased for lottery tickets

I encountered a bizarre dispute

Native

Case review

Mr. Zhou usually has the habit of buying lottery tickets. Due to the busy work, the roommate Xiao Li, who is standing at the same time, helped to buy it on behalf of him, and then settled after a period of time.

One day, Mr. Zhou gave a note to Xiao Li before going out, wrote a string of numbers on it, and told Xiao Li to buy the lottery ticket. When Xiao Li bought a lottery in the lottery shop, he thought that Mr. Zhou had never won the lottery, so he claimed that he changed one of the numbers.

A few days later, the results of the lottery were released. The lottery ticket bought by Xiao Li was really winning! Exchange bonuses are worth tens of thousands of yuan. Xiao Li asked Mr. Zhou to distribute the bonus to himself with a considerable proportion of compensation. The reason was that there was no own change, and Mr. Zhou could not win the prize.

Mr. Zhou rejected the proposal, and the two sides could not dispute, and then went to the Sandun Judicial Institute of Xihu District, Hangzhou to seek help.

To figure out the essence of the case, you need to understand the status of Xiao Li's shooting of the lottery contract. Xiao Li is not simply a messenger or news conveyer in this case, but has a certain autonomous space. He is the agent of Mr. Zhou. Xiao Li's behavior of changing lottery numbers without authorization should be within the scope of the agency authority, so it belongs to the right to agency. The acting behavior made by the agent belongs to the legal consequences of being borne by the agent Mr. Zhou. Based on this, all the bonuses should be owned by Mr. Zhou.

After Xiao Li arrived, the mediator carefully explained the relevant provisions of the Civil Code, and reasonably persuaded the two parties. In the end, Xiao Li gave up high compensation, and Mr. Zhou agreed that the rent of the house that had been shared by the two would be paid by Xiao Li on behalf of Xiao Li in the next two months. Both were happy.

Law link

Article 162 of the People's Republic of China: Article 162:

In the agency permissions, the agent, in the name of civil legal acts implemented in the name of the agent, has effective in the acting of the agent.

Source: Zhejiang Pu Law

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