Original title: two years after buying a house was sued by the son of the owner, claiming that his mother was mentally ill and demanded a breach of contract.
(Beijing time reporter Yang Fenglin reports) after 2 years of buying a house by Mr. Li, a citizen of Beijing, he was suddenly prosecuted by Chen, the son of the original landlord, Ms. Lin (the pseudonym). Chen said his mother had more than 30 years of mental illness. Chen asked the court to confirm that the housing sales contract was invalid and ordered Mr. Lee to transfer the house. Mr. Li, the defendant, puts forward many doubts: Ms. Lin has never shown an abnormal appearance in the process of selling the house, and the nephew of his nephew, who is accompanied by his selling room, has not revealed that the old man is suffering from mental illness. In this regard, a famous legal scholar and vice president of the Chinese Civil Law Institute, Professor Yang Lixin, received an interview with reporters from Beijing time that if Ms. Lin was in the onset of a contract, the contract was not recognized by its guardian, and the contract was invalid; on the contrary, the contract was effective.
Two years after buying a house, it was learned that the seller was suffering from mental illness
In September 2016, Mr. Li bought an apartment under the name of Ms. Lin, a 77 year old man in the Shui County District of California, Fangshan, through an intermediary company. The housing area is 86.66 square meters, and the final transaction price is 1 million 750 thousand yuan. Two years later, Mr. Li, who had already got the room and checked in and repaid the loan, suddenly received a complaint from his son, Chen.
Chen said her mother had been suffering from mental illness for more than 30 years. "I don't know about selling this house as a mother's guardian. I wasn't there when I sold it." Therefore, Chen asked the court to confirm that the housing sales contract was invalid and ordered Mr. Lee to transfer the house.
Chen also submitted to the court a report on the judicial opinion on mental illness, which was made by Beijing Anding Hospital affiliated to Capital Medical University in 2015. The conclusions on the appraisal show that Ms. Lin is suffering from schizophrenia and is a person with limited capacity for civil conduct.
"My mother has mental illness and can not make a normal judgement on things, so the selling behavior is invalid." Chen said that her mother had been suffering from mental illness for more than 30 years and had always been maintained by drugs. The mother did not accompany her children when she sold the house and did not receive the recognition of her guardian. Chen said that he recently learned that his mother had sold the house and had handled the procedures for the transfer, but the mother has not been able to tell the whereabouts of the house and whether to give the house money and other related matters.
Defendant: "the old people sell their houses in a normal way."
"From August 14, 2016 to November 15, 2016 in the three months of the transaction process, we and Ms. Lin had four or five exchanges, she negotiated the price, signature and so on are normal, no mental anomaly. The defendant, Mr. Li said, "no one told me that Ms. Lin had mental illness, and the old man did not say he had a son."
Mr. Li asked her neighbors for years with Ms. Lin, who said that Ms. Lin usually behaved normally, did not know that she was suffering from neuropathy, and that she had a son.
However, Mr. Li also found a nephew, Tan (died in January 2018) with Ms. Lin, who sold her house (in January 2018). The wife of Tan said that Ms. Lin divorced her husband when his son was 3 years old. His son had been living with his father, and he did not support her mother, not her guardian, and Ms. Lin and his nephew, Qin, lived together. Twenty or thirty years. "Let him tell him, Ms. Lin has the ability to handle her property." The wife of Tan said.
In the whole process of buying a house, Ms. Lin has not shown any problems in the whole process of the purchase, nor has it seen the disease. It is normal to speak, and in the course of the transaction, Ms. Lin's nephews are accompanied by the same company, so the intermediary company thinks the purchase of the purchase is close. The same is valid.
The plaintiff: "my mother is not present."
In June 7th this year, the Changyang court of the Fangshan court heard the case. Ms. Lin did not appear in court. Her son Chen and his deputy attended the trial, and the defendant Mr. Li appeared in court himself.
"If plaintiff Chen is a qualified guardian of Ms. Lin, why did he not take care of his mother's daily life in the past thirty years?" In the court, Mr. Li, the defendant, challenged Chen's qualification as an agent. Mr. Li's agent said there was no evidence that Chen was the guardian of Ms. Lin and asked the plaintiff Ms. Lin to appear in court, but the request was rejected by the judge in court.
"When I was 3 years old, my mother divorced my father. I followed my father all the time. When I was 21 years old, my mother's leader found me saying that my mother was mentally ill. Chen said, later he moved his account to his mother's office, and his mother's unit was divided into two rooms. Because of his illness, his mother had driven him away, and he had to go out to rent.
Chen said that in 1998, the housing reform, he borrowed 30 thousand yuan for the mother to buy a house, later the house was sold by the mother to buy the housing in Fangshan, and then sell the house to Mr. Li. "When I found out that the house was sold, I found my mother and tan, and asked me to be my share, but my mother did not give it, so I brought my mother to the court and asked the selling agreement to be invalid, but then I withdrew it."
"How does Tom live with your mother?" The judge asked, "I don't know. It should be Qin's control of my mother." Chen said.
Whether the contract is the focus of the trial debate
"The price is not lower than the prevailing market price." Mr. Li said that in August 14, 2016, he signed a contract with the owner, Ms. Lin, under the testimony of an intermediary company and Ms. Lin and his nephew, a couple. At present, it has obtained the housing copy of the involved houses, and has checked in and repaid the loan.
Mr. Li believed that he had acquired a house in good faith. In the whole process, Chen did not appear in the whole process. He did not know Ms. Lin and a son at the beginning. "I went through the house to pay, transfer, and go through the room for more than 3 months. Ms. Lin had gone through the house for more than a month. And in the process of passing the household, Ms. Lin did not show any objections. All the receipts were herself signed by herself. No one had put forward any objections. I don't think in this process, I have no responsibility. What fault, Mr. Li said.
"During the three month trading process, at least four links in the intermediary signing contract, net sign, bank face signing and house transfer, the defendant and the plaintiff Ms. Lin both met, and under the witness of the related people, she completed all the signing procedures successfully, and also needed the Fangshan District housing construction commission and the Fangshan District real estate. The registration center, the Construction Bank and other government organs, financial institutions, to deal with the relevant procedures, involving complex procedural issues, not only need to sign a large number of legal documents, but also the relevant government organs also ask to examine the identity of the buyer's identity information. Even adults with normal mental status may be successfully completed under the guidance of professional real estate agencies. It is impossible for a mental patient to have such complicated procedures. Mr. Li's agent asked the court to dismiss Chen's prosecution.
The agent also said that the plaintiff Mr. Lee signed a contract for buying and selling is a regular intermediary company, and has paid a reasonable price, is a normal market price, did not infringe on the interests of the plaintiff. Although the plaintiff has a limited capacity for civil conduct, the defendant himself has no fault and is legally prescribed by a bona fide third party. So the sale contract in this case is valid and valid.
Mr. Li submitted a dialogue and recording of a dialogue between Mrs. Lin's neighbour and a wife of Tan to prove that Mrs. Lin was normally behaved normally, and the people around him did not know what she was suffering from neuropathy.
A housing agency also testified in court as the third person, who believed that the purchase contract was effective.
Regarding this, Chen said that Mr. Li said that he had no fault, and we did not recognize it. We could not rule out any other purpose with Mr. Qin. Mr. Li said that buying a house at normal price is not a fault, nor is it acceptable to us. "Mr. Li did not recognize that my mother was a mental illness when he bought a house, and Mr. Qin was not the guardian of my mother. It was the responsibility of Mr. Li to buy and sell the house." Chen said, at present, he has sent his mother to the nursing home.
The case has not been pronounced in court, and is still under further trial.
"If the court really decides that the contract is null and void, I will lose at least 3 million of the value of the house and interest on the loan. Now housing prices have gone up so much that I can't afford to buy a house with a flat. Mr. Li said that he was an ordinary wage earner. Buying this house has exhausted the financial resources of his parents and his parents, and they have been very cautious when buying a house, but they are not expected to meet such a thing.
"When I first got to know the defendant, the whole people were muddled, like thunder and thunder. Now that I have children, I can't afford to toss around. Without this house, I mean homeless. Mr. Li was in deep anxiety.
Experts say: when Ms. Lin signed the contract, the state decided the validity of the contract.
In June 12th, Professor Yang Lixin, a famous legal scholar and vice president of the China Civil Law Institute, received an interview with reporters from Beijing time. According to the provisions of the general principles of civil law, the adults who could not fully recognize their own behavior were limited to the capacity of civil conduct, and the civil legal acts were carried out by their legal agents. Or, with the consent or recognition of its legal agents, civil legal acts that can be carried out independently or in accordance with their intellectual and mental health.
"That is to say, if Ms. Lin is in a normal mental condition and has an independent discernment ability and the price of the house is reasonable, the transaction is legitimate and effective; if the contract is in the period of illness, the transaction is not recognized by its guardian, then the contract is invalid." Yang Lixin said that whether Ms. Lin is in the stage of illness needs a series of complicated identification procedures.
Chen Fei, lawyer of Beijing Zhong Wen law firm, agrees with this view. He believes that the burden of proof should be borne by the plaintiff. "There is a fair principle in the general principles of civil law. If it is not able to combine the reality, the judicial organs can not distribute the burden of proof fairly, and it is easy to have a bad demonstration role in the society." Chen Fei said.
"In this case, Ms. Lin's years of neighbors do not know that they are suffering from mental illness, and they are engaged in the contract transaction under the full participation of the intermediary Department, and the price is not lower than the market price. I think the buyer has done the usual sense of general duty of care, the purchase contract should be protected. " Chen Fei believed that the housing contract should be regarded as a valid contract.
In Chen Fei's view, if the contract is found to be invalid, it should be restored to the original. Ms. Lin's son, Chen, needs to return to Mr. Li to return the purchase money and compensate the other's loss because of his fault behavior (if the court is determined by the court). "According to the information available, Ms. Lin's son is no longer a question of fault, but it is necessary to clarify whether or not he has fulfilled his duty of guardianship." Chen Fei said.
Chen Fei also believes that the court should add third intermediaries. If the intermediary is judged to be responsible,
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