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Old 08-29-2011, 09:19 AM   #1
xiao7ogtyr
 
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Default 吸毒丈夫逼迫妻子卖房 法院判决合同无效

  晨报讯(记者 武新)染上毒瘾的丈夫将家中财产挥霍一空后,又持刀逼迫妻子同意将家中唯一的住房卖给他人。事后,妻子将丈 夫和买房人一起告上法院,要求确认房屋买卖合同无效。昨天,记者获悉,丰台法院认定妻子是受胁迫签字同意售 房,判决涉案房屋买卖合同无效。
  丈夫张雷染上毒瘾,将家中存款挥霍一空以换取毒品。妻子陈灵说,丈夫发现家中无可卖之物,就打起了房子 的主意。2009年8月20日,张雷私自签约将唯一住房卖与李煜,由于妻子不同意卖房,他就在家里用刀逼迫 陈灵在《同意出售证明》上签名。次日早晨,陈灵趁丈夫熟睡未醒,偷偷溜出家门报警。警方认为虽然有胁迫的事 实,但这是家庭内部纠纷,无权阻止张雷卖房,不过张雷因吸毒再次被抓捕关进戒毒所。
  陈灵认为,此房是家庭唯一住房,为确保自己与女儿及丈夫出来后能有一个落脚安居的住所,将丈夫及买房人 诉至法院,请求判令丈夫张雷和李煜之间的房屋买卖合同无效。在庭审时,张雷的代理律师表示,戒毒所中的张雷 同意妻子陈灵的诉讼请求,并出示了张雷的一份声明。在声明中,张雷表示当时毒瘾犯了才拿刀逼妻子卖房,现在 清醒了坚决不同意卖房,他愿意承担违约责任,赔偿李煜的损失,但前提是房子一定给妻女留下。
  “这是夫妻俩演的苦肉计。”买房人李煜的代理人说,当初卖房是张雷主动找到房产中介,李煜在中介的陪同 下看房时,张雷、陈灵夫妻都在,陈灵并没有表示反对。李煜的代理人还说,现在这套房子价钱涨了,张雷一家人 才找各种理由推托。(文中当事人均为化名)www.445577.com
  法院判决:妻子不同意 丈夫出售无效
  丰台法院认为,依据相关证明,对陈灵主张张雷系吸毒人员,为筹集毒资胁迫她在《同意出售证明》上签字, 予以采信。根据有关法律规定,“一方以胁迫的手段使对方在违背真实意思表示的情况下所为的民事行为无效”, 故法院认定《同意出售证明》无效。
  法院还认为,因陈灵与张雷系夫妻关系,李煜自述在购买诉争房屋时已知晓该关系及房屋属于夫妻共同财产, 故李煜购房应当取得共有权人陈灵的同意。现《同意出售证明》无效,且陈灵不同意出售,张雷的出售行为属于无 权处分,其出售行为应为无效。法院判决涉案房屋买卖合同无效。宣判后,买房人李煜提出上诉。
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Old 08-29-2011, 09:38 AM   #2
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Reprinted from 953293484 at 23:12 on September 25, 2010 Reading (loading. ..) Comments (0) Category: Personal Diary


one: calm
(1) Do not reveal your emotions.
(2) Do not tell everyone that your problems and experiences.
(3), in consultation with the views of others before their first thought, but do not talk about.
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(5) other important decisions as far as possible to discuss the best every day and then released.
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(3) fighting over the crowd, do not assertive.
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(2) on other people's mistakes, small errors do not care about.
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(5) of the
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5, to play a strong point - do what you do best
a very weak ability of the person it is difficult to open the life situation, the stage of life he must be the victim of heavyweight; into a big person to do on their own things, to fully display their talents, expand the step by step to success.
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can speak any means, can lead to a result, but this result is not the best results, I am afraid it is difficult to say. Events are always selected as the best means to achieve the best results, which most people can do right and wrong. Therefore, the road to success, you want to become a major event, the first problem to be solved is: your means if you plan to promote the immediate success!


ability to achieve great things
nine essential ability to survive challenge: finding good answers in the real world
1, put right attitude, the courage to face the reality
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a person unless the first control yourself or you will not be in control.
a successful event as long as the target man, knows what he wants, and then take action, tell yourself do not give up, success is only a matter of time only.
If you are in trouble or hinder the way, you go to face it and solve it, and then move on, so the more positive the more the problem will not. When you climb
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3, the emotion into the box
one kind of rational generation of resistance is often subtle, but it effects a person's life is huge, this effect reflected from the many little things. We should try to eliminate their negative emotions, because it will give us not only cause physical and psychological harm, and in our road to success, and negative emotions can sometimes become a stumbling block.
To your success, you have the emotional into the rational case, you have to adapt to others, adapt to the situation, otherwise, you are not destined to become a major event, destined to be eliminated.
4, the power of thought alone can stimulate
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low self-esteem can be overwhelming, like a mountain man and you will never silence can also be generated as a powerful forward momentum.
step ahead than others, to create a successful state of mind.
in alone, you should be thinking, do not always overstaffed.
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a person does not deal with people and the superb skills, the circumstances did not mind all the bases, flexible means to the situation simply can not control the large, will be difficult to become a major event.
a person can see their status, attitude will balance the many, we can look to an objective view, understand the world, and adjust their behavior accordingly.
7, self-confidence is a strong pillar of life who
confidence sufficient ability to adapt to high and low adaptive capacity and vice versa.
general lack of confidence in some of the more serious people who are often psychosomatic symptoms, such as the eccentric, fear with people, talking too extreme, pessimism.
If successful experience doing more, then the confidence will be.
opportunity to exercise self-less successful, more self-confidence is weak, resulting in a serious inferiority complex.
nineteenth century thinkers Ralph Waldo Emerson said: into your strengths on the level of
most people only stay in life: to eat and eat, to take the bus and ride for a career, to go home and go home.
not a major event into the event and those who are different only in some small action: spend 5 minutes a day reading, and more make a phone call, much effort that a representation at the right time, performing on multiple charges a little effort, and more do some research, or in the laboratory test once more.
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no excuse can be interpreted as the will Why you still can not be qualified for a job a long time.
Whether you want to pursue what you have to force yourself to enhance the capacity to achieve goals.
spare no effort to practice, engage in active practice, it still spare no practice! Never stop learning, and be sure to apply the knowledge acquired in daily life.
9, to concentrate on doing one thing
If most people focus on a task focused, they can do this work well.
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time only concentrate on doing one thing, threw himself into and actively want it to succeed, so that your heart will not feel exhausted.
do you need to think of a big row of a small drawer in the drawer. Do not always think of all the drawers, but to focus on that you have to open the drawer. Means each man is not the same things, you can tell, there is a kind of a person means a person means to have a success on their own way. Numerous facts have shown that some people are too self-confident, sure miss their means to solve any problem, but do not know that this is often not have any effect. Therefore, they always feel that the goal of success is not getting away from the past, but actually getting away.

into 9 major essential attitude of mind
: positive
1. always thinking out ahead
2. do big man extraordinary things
7. to keep the young mind is very important
8. is always positive, active, enthusiastic attitude
II: diligent humility
1. Top Gun thinking, and get down to dry
2. Qin Jing industry, humility man
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5. cultivate the habit of hard work will be for life benefit
6. have a hard, there is a harvest
7. perseverance and support to honest and trustworthy
1. honesty is the essence from their
2. honest and trustworthy is the big winner
3. in good faith to lay a successful foundation
4. sincere friendship will make your career more developed
5. a man should be upright conduct
6. honesty is as big a enthusiastic attitude to work
four: the courage to challenge
1. dare to challenge themselves, to overcome the demeaning psychological
2. challenges that can limit
3. persist in the end made by the courage, halfway is a coward
4. stirred into a major event for the challenges of the confidence
5. Courage is the good way to overcome difficulties
6. Katsuhito by force, since the winner strong
7. persistence and perseverance are great things in the basic skills
8. perseverance great things, a little attitude no way out
Five: Six good cooperation
mind: balance
contentment of mind of Seven: the mentality of the eight
optimist: generous guest,
mentality Nine: Never self-confidence
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