Gongshu court has tried two cases of applying for revocation of guardianship qualification and four cases of disputes over housing sales contracts. Finally, the court revoked my sister's guardian qualification according to the regulations and appointed a new guardian. After that, 4 houses were recovered according to the judgment and negotiation.
Twin sisters Li Jia and Li Yi are mentally retarded since childhood. In 2009, they relied on the food help of their relatives in their daily life and were diagnosed with IQ level 3 disability. In May, 20 1 1, upon the application of Li's mother, Gongshu Court ruled that she had no capacity for civil conduct due to human factors, and her sister Li Bing was her guardian. 202 1 Wang, the cousin of the twin sister, and Zhang, the adopted son of Li's parents, respectively submitted applications to Gongshu court, requesting to revoke her sister's guardianship qualification.
Applicants Wang and Zhang claimed that in 20 17 1 year, due to the demolition of the old house of their twin sisters, they were each given three houses, and their sister Li was their guardian. Because he can't read, he authorized his son Xu as the entrusted agent of twin sisters Li Jia and Li Yi to sign demolition and resettlement agreements with the demolition headquarters respectively.
Later, these six houses were sold by sister Li Bing and child Xu in turn to repay Xu's debt. Because the house was sold, the twin sisters were sent to nursing homes, but the younger sister did not pay their daily living expenses and basic medical expenses, so their daily living expenses and basic medical insurance were subsidized by the local government. At this point, the outstanding talents who applied for the job learned the situation.
The applicant felt that her sister Li Bing's personal behavior seriously damaged the legal rights of twin sisters, so she applied to the court to revoke her sister Li Bing's guardianship. At the same time, the communities to which Li Jia and Li Yi belong also expressed their complete agreement to change their guardians.
The court found that the six houses allocated to Li Jia and Li Yi were all signed by their younger sister Li Bing, and now all six houses are occupied by others, and one of them has been sealed up by other courts after moving to another house.
The court held that the guardian's main duty is to represent the ward to carry out legal acts and safeguard the ward's personal freedom, property rights and other legal rights. The guardian shall perform the duties of the guardianship post according to the standards that are most beneficial to the ward. The guardian shall not dispose of the assets of the ward except for safeguarding the rights and interests of the ward. If the guardian seriously damages the legitimate rights of the ward by other means, the people's court shall deal with it according to the application of the relevant personnel or institutions, revoke his guardianship qualification, allocate necessary temporary guardianship countermeasures, and appoint a guardian according to the basic principle of being most beneficial to the ward.
However, libing did not submit direct evidence to prove that it disposed of assets in order to maintain the income of the ward. He should think that Li Bing's personal behavior seriously damaged the legal rights of the ward, so he made a judgment to revoke Li Bing's qualification as the guardian of Li Jia and Li Yi. Zhang is Li Jia's guardian and Wang is Li Yi's guardian.
After the guardian was changed, the new guardian, as the legal representatives of Li Jia and Li Yi, filed four lawsuits in Gongshu Court, demanding that the agreement on the sale and purchase of four houses be declared invalid, and agreed that the owner (purchaser) and libing would return the house and compensate for the losses.
Gongshu Court held that the house involved in one case was a house allocated to Li Jia and Li Yi, and Li Jia and Li Yi had reasonable and legal ownership of the house. This kind of domination is a formal property right. If the contract signed by the infringer in the name of the entrusted agent without the authorization of the trademark is beyond the scope of the trademark authorization, it will not have legal effect on the principal without ratification by the principal. As the legal representatives of Li Jia and Li Yi at that time, libing handled the houses allocated to them, which seriously damaged their rights and interests. Therefore, the contract signed by has no legal effect on them.
At the same time, the court also found out that the owner of the house (the purchaser) had fully understood the validity of the contract and the great risk of his father in the performance of the contract before buying the house, so the possible legal validity risk and execution risk were distributed many times in the contract text and the additional contract text, and the staff other than the defendant were arranged as loan guarantors in the contract to spread the risks. In the aspect of payment target, it also violates the effective method of general contracting. If it is to pay the staff outside the contract, it should be assessed that they are not sincere buyers, so they cannot obtain the rights and interests of the house.
Finally, the court ruled that the house user (purchaser) moved out of the house involved and delivered the house to Li Jia and Li Yi; The user of the house shall pay the service fee of more than 20,000 yuan to Li Jia and Li Yi every year, counting from 20 17, and the specific date of return; Libing is jointly and severally liable for the occupancy service fee that the house owner should bear. In addition to the houses mentioned in the above cases, Gongshu Court also assisted Li Jia and Li Yi to retrieve the other three houses that libing had solved without authorization.
The requirement of guardianship order stipulated in the Adult Law is mandatory. Generally speaking, if there is no pre-order guardian or the pre-order guardian has no guardianship ability, the post-order guardian can become the guardian stipulated by law. The guardian's main duty is to represent the ward to carry out legal acts and safeguard the personal freedom, property rights and other legal rights of the ward.
In this case, according to the confirmed objective facts, Li Bing, as the guardian of Li Jia and Li Yi, signed a sales agreement with others for the six donated houses, which seriously damaged the rights and interests of the ward. Therefore, our hospital revoked Li Bing's guardianship qualification according to the regulations, and appointed other family members who wanted to be guardians as their guardians to ensure their legal rights.
This case is the first case in Gongshu court to revoke the guardian qualification of the original guardian and appoint the fourth guardian and the person who wants to be a guardian as the guardian. "In this case, the defendant involved a special group of IQ disabled people, and his ability to prosecute was weak. He can't and dare not file a lawsuit alone to safeguard his legal rights. The court's repossession of the house for its specific new guardian reflects the protection of the legitimate rights of the disabled by laws and regulations, the protection of the interests of special groups by the judicial department, and the humanistic care of the judicial department. "