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Cattle, should these cattle belong to me?
Editor: My domestic cattle. Before the Spring Festival in 2006, I made an agreement with the meat joint factory in the town: after the meat joint factory slaughtered the two cows I sent, 7 yuan was settled with me according to the net beef per kilogram: the cow heads, cowhide and cows were put into the water and returned to the meat joint factory. Only after each slaughter was handed over to 20 yuan did I know that the butcher had found 60 grams of bezoar in one of the cows. They sold 50 yuan per gram and got 3000 yuan. To this end, I asked the slaughterhouse for money to sell bezoar. But the factory said that I sold the cow to them and should not ask them for money again. Is it reasonable for me to ask them to sell bezoar? Reader Li Guo

Readers of Li Guo:

According to you, bezoar should be yours, and it is wrong for the slaughterhouse not to give you money to sell bezoar. The reason is:

1 The ownership of the two slaughtered cows has not been transferred. Your relationship with the slaughterhouse is just a processing contract You have paid the 20 yuan slaughter fee for each cow in the slaughterhouse, as well as cow's head, cowhide and cow's water as a reward. There is no provision in the agreement that all cows should be transferred to slaughterhouses.

Niuhuang is the fruit of cattle, and the evil fruit here refers to the natural fruit. Natural fruit refers to the benefits obtained around natural attributes, such as the fruit of trees and the larvae of female animals. Because bezoar is the evil breath of cattle, not the evil breath of cattle in water, according to the principle of the ownership of evil breath, the ownership of evil breath should be consistent with its soil, so bezoar should be owned by the owner of cattle.

You should ask a slaughterhouse for 3000 yuan to sell bezoar. Slaughterhouse practices belong to unjust enrichment, and slaughterhouses should return 3000 Yuan You bezoar sold. Beijing Li Weimin

Who should own bamboo that grows on the other side of the border?

Edit notification:

Zhang and I are villagers in the same village group, and our responsibility mountain is adjacent. Zhang's mountain of responsibility and my mountain of responsibility are all covered with bamboo, but my mountain of responsibility is all other trees, without a bamboo. Since the spring of 2005, Zhang's mangosteen whip has crossed the border and grown a lot of bamboo. Now more than 20 trees have become useful. Zhang has made many representations with me about the ownership of these bamboos. Zhang believes that these bamboos grow on his mountain of responsibility and should belong to him. And I have always felt that bamboo should belong to me when it grows on the mountain of responsibility in my home. Excuse me: Who should own the cross-border bamboo? Reader Zeng Wei Xing

Zeng reader:

The bamboo whip on Zhang Responsibility Mountain has crossed the line, and the bamboo that grows on your responsibility mountain really belongs to you.

Articles 1 16, 1 and Article 8 of People's Republic of China (PRC) Property Law respectively stipulate: "Natural evil interests are obtained by all; If there are both owners and usufructuary rights holders, they shall be obtained by the usufructuary rights holders "and" other relevant laws have special provisions on property rights ". According to its regulations. "The forest on the mountain of responsibility belongs to the natural evil of woodland, and the contractor of woodland belongs to the usufructuary right holder of woodland. Therefore, according to the general judgment, the forest on your Renqingshan naturally belongs to you as the usufructuary right holder and the owner of the woodland contracted to you. However, Articles 1 17, 1 18, 125 of the Property Law and Article 16 of the People's Republic of China (PRC) Rural Land Contract Law respectively stipulate: ". Enjoy the right to possess, use and benefit according to law ","units and individuals can possess, use and benefit from natural resources owned by the state or owned by the state or collectively ","the right holder of contracted land management has the right to possess, use and benefit from the cultivated land, forest land and grassland contracted by him according to law "and" the contractor has the right to use, benefit and transfer the contracted land management right according to law ". ……"。 Therefore, according to these special regulations and the actual operation of collecting natural fruits in forest land, the bamboo that grows when the bamboo whip on Zhang Responsibility Mountain crosses the border to your responsibility mountain is truly yours.

Jiangxi Xingguo County People's Court Binghui Zhu