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Chapter 73 [Concept of Modern Civil Law]

Fan Qiang brought the South China Sea agarwood that was a hundred times more precious than the incense pine nuts. It had cut into pieces of pieces of the index finger. He took out the incense pine nuts that were originally burned in the incense cauldron. He could throw it away and put two pieces of agarwood in it. A fragrance with higher character began to emit.

There was only one incense tripod like this, just beside Bai Dong and Wei Yang. Lao Yinglian, who is the monarch of a country, could only look at it. Li Jiang was even more pitiful. He had to worry about the status of the country's descendants, but he still couldn't help but stretched his neck, which seemed to be infinitely fascinated by agarwood.

The ministers were both sad and jealous. The wife of the country was looking forward to the agarwood in the South China Sea? This thing was the gift sent by Chu when the emperor was restored. It is said that even the Emperor of Zhou liked it, but he was reluctant to burn it every day. This boy and Wei Yang had such a great blessing!

No one expected that the situation would change suddenly in the debate. The boy lost even though he woke up, but he started to tell the story. Wei Yang was already addicted to it. The doctor and Gongsun Changshi were also closing his eyes to think, but this story sounded irrelevant to the debate topic? One was a dispute over land and the other was a dispute between merchants. It seemed that he could not contact one place. Could it be that we were too stupid?

"Xijun, what do you think?"

Lao Ying was actually confused. How could the monarch immediately understand these twists and turns? Seeing Li Jiang’s appearance, I felt a little reluctant, and just opened up the topic.

"My wife vaguely feels that this kid did it on purpose. He pretended to be asleep before. My wife would not believe the story he found in a dream. But this story is very interesting. Please think, isn't that Lu Qi the prince Yiwu?"

"Well... I also have this idea. In this way, the Lu family in the story is the Jin State of that day, and the Fan family in the story seems to have done nothing wrong. According to my opinion, it is the Fan family who went to find Lu Qi's trouble. Isn't it that Qin State asked my son Yiwu to ask for the land of Hexi? This kid has gone around a big circle, just to get such a result?"

Li Jiang didn't say anything, and she couldn't find the answer. In short, this boy Bai Dong was so hateful. No matter what the result of this debate was, he had to catch the boy and seriously question what was in his head. If there was such a change, he couldn't tell the result first? As a mysterious minister, he probably had itchy butts.

"Bai Zi, from this case, the Fan family seems to be at fault. If the Fan family wants to pursue goods, they can look for Lu Qi. In this way, the dispute will be eliminated naturally, and this should be the best result."

"Haha, ordinary people can see this truth. Is Wei Zi's perception just like this?"

Bai Dong smiled and said, "It is naturally the right of the Fan family to find Lu Qi, but is the right of the Fan family limited to this? If you can't find that Lu Qi, or find that the payment is gone when you find him, should the Fan family bear the losses in vain? Doesn't the Lu family need to bear any responsibility?"

"If you can't find Lu Qi, would you still have to take responsibility for the Lu family? But if the Lu family doesn't bear it, how should the Fan family make up for the losses? Let me think about it again. This case seems simple, but it is actually extremely complicated. It is vaguely the biggest test of our Legal methods. It is very wonderful, very wonderful!"

Wei Yang pondered for a moment, and suddenly his eyes lit up: "If Yang was not wrong, the agreement made by Lu Qi and the Fan family was the key to solving the problem, but this agreement was clearly contrary to the law and should not have any effect... I can't think of it, please teach me."

"Wei Zi can think of starting with an agreement, and he is indeed a famous scholar of the Legalists. Unfortunately, Wei Zi has too deep prejudices. Could this agreement be invalid in the opposite way? Why can't it be 'effort to be determined'?"

"The effect...to be determined? How can Bai Zi explain this?"

After looking at Wei Yang, Bai Dong shook his head secretly. If there are still people in this era who can understand the concepts of modern civil law such as "contract validity is up to be determined" and "explanatory agent", I am afraid that only Wei Yang will be the only one. But now it seems that even he has some difficulty in understanding. This is just a superficial theory. The real reason for establishing "explanatory agent" is actually the principle of "protecting good-willed people" in later legal theories. However, it is probably even more difficult to make Wei Yang understand what protects good-willed people.

"The overseas country where my family teacher has been to a prosperous culture and the rule of law is extremely advanced. There are detailed French regulations for this type of transaction dispute. But to understand what the effectiveness is to be determined, I must first ask Wei Zi a question. Everyone has characteristics. Is there any characteristics of the law?"

"Of course, the characteristics of law are: first, the country needs it, the king needs it, and the third is the people need it..."

Bai Dong nodded with a smile. He is worthy of being a famous scholar of the Legalists and is quite good at summarizing it. However, what Wei Yang summarized was only the national and social attributes of the law, and lacked the natural attributes of the law. We must further guide: "I also want to ask Wei Zi. When a baby is born, because of his innate endowments, he will become a man of martial arts in the future, and even those who are good at martial arts are good at writing. If we compare Dharma to infants, then what is the innate endowments of Dharma?"

"The innate talent of law?" Wei Yang frowned and thought for a while, and suddenly his eyes lit up: "Emotion and reason!"

"Yes, law is the need of the country, the need of the king, and the need of the people, but we must start from the word "sense and reason". Before the formation of the law, it was actually manifested as emotion and reason. There were no complete laws during the Three Sovereigns and Five Emperors. Even emperors like Huangdi Yao and Shun had to use emotion and reason to resolve disputes and disputes. Therefore, if the law is unruly and reasonable, then the country will be an evil country, the king will be a tyrant, and the people will be a miserable people! Wei Zi is worthy of the powerful Legal family, please accept a bow!"

I thought that there would be a lot of explanations before Wei Yang could understand the natural attributes of law, but he would not have thought that he would soon get the understanding of "reasonable and reasonable before law", which made Bai Dong very happy: "Since both Wei Zi and I think that the innate gift of law is reasonable, let's look at this contract again. Although Lu Qi had already left the Lu family, because the Fan family had formed a concept over the years, it believed that Lu Qi was a person who could represent the Lu family. In this case, the Fan family first assumed the contract obligation and paid the payment for the goods, and this transaction contract had been formed..."

"Are the contract formed like this?" Before we knew it, Wei Yang had forgotten his identity as a debater and completely became a three-good student who longed to learn.

"Of course, in that overseas country, this way of forming a contract is called "expression agency". His conditions for establishment are three. First, both parties have had years of trading habits. Second, there are people like Lu Qi who are familiar with one party to the contract. Third, whether it is malicious or good-intentioned, the other party who enters the contract must be in good faith, such as the Fan family."

"The innate endowment of law must be in line with emotion and reason. The Fan family and the Lu family have been trading for many years, and they are represented by Lu Qi. Therefore, the Fan family made a good intention and had fulfilled what Bai Zi said about the "contract obligation". Therefore, the Fan family is the party that should be protected? In this case, we can directly determine that the contract is valid, so how can we say that "effect is to be determined"?"

Lao Yinglian and others were already dizzy by the modern legal concepts thrown out by Bai Dong, but Wei Yang became more and more clear as he listened. After all, he was a person who had been immersed in law for half his life. What he was a modern legal person was his vision and experience of the development of the two thousand years. Moreover, Bai Dong proposed the "expression agency" based on the legal principle of "protecting good-willed people". He could not avoid the words "emotion" and "reason". It had little impact on ancient people and made it easier for Wei Yang to accept it.

"Right includes possession and also waived. In this transaction, the Fan family made the contract validity be determined based on the 'expressive agency', but the result of the pending decision depends on how the Fan family chooses. In other words, the Fan family can ask the Lu family to bear responsibility for the contract, or give up the contract at any time, and the Lu family..."

"Yang thought that the Lu family could continue to look for Lu Qi after taking on the contractual obligations and recover the money he had greedy for the goods."

"Yes, Wei Zi is a real famous scholar! In fact, this right of the Lu family also has a name in overseas countries, called the 'right of recovery', but the Lu family must first assume the contractual obligation before they can possess it..."

Bai Dong laughed loudly. Even Wei Yang realized the right to recover in modern civil law. Do this debate still need to continue?

"Bai Zi's deep meaning, I lost!"

Wei Yang was thinking a little, and suddenly stood up and arched. This was the most solemn tribute. His feet stood side by side, his hands were crossed over, and his arms were bent at ninety degrees. Only when he fell, his teacher would behave such a great tribute to the monarch. However, Wei Yang quickly straightened his body, held Bai Dong's hand and laughed. No student would be so arrogant to the teacher. He was telling everyone that Yang received the teachings of Bai Zi's wonderful theories and performed the rituals of his teacher, but he would not recognize Bai Dong as his mentor who served for life. This is Wei Yang's pride and the characteristic of the Legal students. He only recognizes the truth and never believes in authority!

It's not easy... Bai Dong is very happy and very grateful.

The transactions between Fan and Lu families were merchants one by one, while the transactions between Qin and Jin were based on the world. For countries of this era, this trading habit did not exist only between Qin and Jin. They owned the princes of a certain country to return to their country to seize power in exchange for land and money. This was a common "trading habit" during the Spring and Autumn Period and the Warring States Period. There were also many people like Gongzi Yiwu, who were like Gongzi Yiwu, but most of them would keep their promises. It was very rare that they broke their promises like Gongzi Yiwu and were fat. There was no precedent to follow. Qin and Jin would say their own reasons. When they met Wei Yang, what could be said, they would suppress the reason that Lao Gan Long and others rely on.

Bai Dong's analogy is actually not perfect. If it is placed in the legal lecture hall in later generations, the old professor would jump over and knock on his head. How rigorous the legal analogy will be in two thousand years. If the cases of comparison are slightly different, the results will be very different! But in this era when legal theory is seriously lacking, Wei Yang is the young seedling. He will be brilliant if he gives some sunlight. Under Bai Dong's intentional guidance, he will be representative, and his service will be determined. There is also the principle of "protecting good-willed people" hidden behind it. It is like missiles with huge lethality, which hit Wei Yang's mind hard, making him very excited. He has no intention to analyze whether Bai Dong's analogy is inappropriate. Those novel legal views cover up the possible flaws of the analogy itself.

Just like a beautiful woman with outstanding figure and stunning appearance, who would take off her shoes to check whether the length of ten toes is appropriate and whether the toenails are properly trimmed?
Chapter completed!
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