A man who throws 100,000 yuan in the street regrets lawyer: he can bring a lawsuit if he wants to recover it

category:Society
 A man who throws 100,000 yuan in the street regrets lawyer: he can bring a lawsuit if he wants to recover it


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One hundred thousand RMB was scattered in downtown Quanzhou, causing chaos at the scene (Source: Video synthesis)

On the afternoon of September 9, a netizen burst out that a man in Fujian Shishi was throwing money in the street, and people in the past scrambled to collect it.

Video taken by witnesses showed that hundreds of yuan were scattered in the street, causing many passers-by to get off and collect money, and the scene was chaotic. At noon on September 10, the Shishi City Public Security Bureau of Fujian Province issued a circular saying that Huang Mou, the client, had just withdrawn more than 100,000 yuan of cash on the street on impulse because of his bad work. Afterwards, Huang Mou regretted his behavior very much, hoping that the people who collected money could return it.

(Cash Spot)

(Several passers-by get off to collect money)

Jiang Luxian, a lawyer at Chengdu Taihe Tai Law Firm, told Red Star News that the act was equivalent to a gift. Generally, the person who collected the money was not obliged to return it. Fan Chen, a lawyer at Beijing Jingshi Law Firm, argues that Huang Mou can withdraw his intention to ask the people to return the money, and that besides reporting to the police and seeking assistance from the public security organs to recover the money, Huang Mou can also initiate civil lawsuits.

According to the Shishi City Public Security Bureau of Fujian Province, at 16:00 on September 9, at the traffic lights at the intersection of Shishi Baqi Road and Haojiang Road, Huang Mou, 42, threw more than 100,000 cash just collected along the road, triggering the gathering of passers-by crowds. For Huang Mous misconduct, the police criticized and educated him. At present, the calm Huang Mou regrets his behavior very much, and hopes that the people who pick up the cash can return the money.

As soon as the announcement came out, many netizens were shocked by the 100,000 yuan scattered on the street and speculated about Huangs family background. In response, the Shishi City Public Security Bureau of Fujian Province said that Huang is an ordinary family, not a local tyrant. Please treat it rationally by the vast number of netizens, and also ask the people who have found the money to return it on their own initiative.

(Fujian Shishi Municipal Public Security Bureau Bulletin)

So, does Huang Mou have the right to ask the people who collect money to return it?

Some netizens think that the people who collect money belong to unjust enrichment and should return the money to Huang Mou. Some netizens also believe that the act of throwing money means that the owner of the property has given up his ownership and should not return it.

It depends on Huang Mous intention to spread money at the moment. Jiang Luxian said that if Huang Mous real intention at that time was to abandon the property rights of the money, he neither stopped nor raised objections to other peoples behavior of collecting money, and let everyone pick it up, according to the provisions of Chapter 11 of the Contract Law of the Peoples Republic of China, the donator would give his property free of charge. For the recipient, the contract that the Recipient agrees to accept is a gift contract, so it is equivalent to a gift for the person who finds the money.

According to the provisions of Article 186 and 192 of the Contract Law of the Peoples Republic of China, Huang Mou regrets that if he wants to revoke the gift, he needs legal revocation, otherwise he has no right to ask others to return the gift. Jiang Luxian said that from a humanitarian point of view, the people who found the money should probably understand Huang Mou and see if they can negotiate to return the money they found.

Fan Chen also said that Huang Mous claim for return, in addition to the police, looking for public security organs to help recover money and money, can also initiate civil lawsuits. Regarding the object of lawsuit, the police can adjust video to help Huang Mou find some money collectors, but if other people can not find it, there is no way.

On the afternoon of October 10, the Red Star journalist learned from the lakeside police station of Shishi Public Security Bureau that no money collectors had come to return the money.

Men withdraw more than 100,000 dollars and scatter money on the streets, causing chaos: when the work is not going well, impulse

Shishi City Public Security Bureau of Fujian Province, official micro-blog news, September 9 at 17:00, Shishi City Public Security Bureau received a public alarm that a man in Shishi Baqi Road and Haojiang Road intersection near the traffic lights scattered a large number of 100 yuan in the road, triggering the past crowd to pick up. After receiving the police, the Public Security Bureau quickly intervened in the investigation.