At the defendant's seat, only Kawashima Qi came. Because the defendants had not arrived in court and had left Donghai, and the court's temporary injunction had not been executed, Judge Christine immediately announced that a summary trial would be conducted.
There is no need for a jury at all.
Lu Ming explained the reasons why Gui Linghua should receive the inheritance.
From the perspective of imperial law, there is no doubt about this. If a will restricts the freedom of marriage and love of the surviving spouse as a condition, it will itself be invalid.
Lu Ming mainly talked about how Gui Linghua has lived in the East China Sea for more than ten years. All the inheritance was originally within the territory of the East China Sea. Therefore, the inheritance of the inheritance shall be governed by the laws and regulations of the East China Sea. As the first and sole heir, Gui Linghua
You should get all the inheritance from your late husband.
Kawashima Kiya also actively defended himself, pointing out that Katsura Ayaka and Kato Sanlu were both Japanese people, and Japanese laws should be applied, and inheritance of inheritance should follow Japanese public order and good customs, etc. But he had a gloomy look on his face, and it was obvious that he was not interested in the parties involved.
They were very dissatisfied with fleeing without a fight, but he couldn't influence their decision.
After a ten-minute adjournment, they returned to the court. Judge Christine ruled that the plaintiff Katsura Ayaka won the case and that she would inherit all of her late husband's estate.
Kawashima Qi gave Lu Ming a cold look and wanted to get up and leave.
Lu Ming stood up: "Your Honor, and the ownership of several small islands and reefs such as Pearl Island!"
Christine glared at him: "Inheritance No. 19, the Pearl Island Gift Letter from Duke Charles III, as a cultural relic, also belongs to the plaintiff. Didn't I make it clear?"
Lu Ming coughed and said, "In court, I am talking about the ownership of Pearl Island! The gift letter is not just a cultural relic, it also has certain legal effect, doesn't it?"
"Whether it has legal effect or not, you can go through separate declaration procedures and it is not included in the estate cases that I am hearing!"
Judge Christine picked up the gavel and was about to knock the gavel and leave the court.
"Sir, give me two minutes!" Lu Ming raised his hand.
Christine was too lazy to pay attention to him, but she didn't know what she thought of. She glanced at him and put down the gavel, "Okay, tell me your fallacy!"
Kawashima was stunned. What was the chief judge of Beiguan, who was always known for his fairness, the former grand duchess, or rather the former princess, and the beloved daughter of the Duke of Donghai, doing?
Many people only know that she has a mysterious life experience and a rich background, but few people really know that she is an important member of the Duke Charles family of the East China Sea, a former branch of the royal family and one of the top aristocratic families today.
Her father is Charles IX, the current Grand Duke of the East China Sea. Her ex-husband is also a Grand Duke. I heard that he is still an important prince, so he can inherit the Duke title. After all, the title of Duke that the royal family still holds has been
There were only a few of them. Only important princes could get title titles. According to the title of Yingzhou, a grand duke was similar to a prince. But it seemed that her ex-husband had a bad character. He had done something wrong. He tortured and killed a black slave or something? So that's why.
, she filed for divorce just a few days after her wedding. This was a rare divorce case among high-ranking aristocrats, which had a great impact on the entire top aristocracy, including the royal family. It was very sensational at the time, but the news was suppressed by the royal family.
.
I heard that her ex-husband was very infatuated, and they haven't gotten married yet, and they have been waiting for her to change her mind.
Of course Kato Shio and those guys didn't know about Judge Christine's background, so they didn't take it seriously, thinking that it would be okay if they returned to Japan, for fear of suffering a lot.
I accidentally found out about this secret from a super big client. If I spread the word, the big client would definitely kick me out immediately if he knew about it. And this might still be the lightest punishment.
After weighing the situation, he could only sacrifice a few of them and did not tell them the inside story.
Judge Christine just pronounced the sentence, and she didn't resist much.
But I didn't expect that the plaintiff, this bewitching lawyer, was obviously playing a new trick. I don't know what this noble judge was thinking. Why was he wasting his time listening to his nonsense?
In the plaintiff's seat, Lu Ming was also stunned. He didn't expect to give himself time. It was a habit of arguing with arguments. In addition, there would also be discussions among the judges. If he could tell his "wrong reasoning" in advance, he could give it to them. It’s also a good idea to consider time.
But I didn’t expect to have the opportunity to elaborate, especially in the court of Judge Christine, who has always been unsmiling and extremely serious. It seems that she has changed her mind. She bowed slightly and said, "Okay, your honor!"
After pondering, he said: "Before the great reclamation period, most of the land, islands and other ownership rights were owned by our country's nobles."
"Often a nobleman owns the land ownership of an entire city."
"But the population was limited at that time, so a lot of the land was in a state of barrenness. Moreover, the nobles hundreds of years ago exploited the harvests of the tenant farmers very heavily."
"In order to change this situation, the great emperor issued many grace orders, thus entering the era of great reclamation."
In fact, the start of the "Great Reclamation" was not so peaceful, and Lu Ming would never mention this in court.
“During the era of great reclamation, as long as the land was cultivated for one year and the original owner did not discover it or raise any objection within this year, the land would belong to the cultivator.”
"This is also to avoid unnecessary waste and turn barren fields into land that can create value and resources."
"The legal spirit of the Tweeting Order has also been extended to the present. For example, according to the Boliante Land Act, if a house is vacant and someone lives in it, within ten years, the owner of the house has not come to collect rent, and the tenant has published a newspaper to find the original owner. , and have been paying relevant fees, then, after ten years, the house will belong to the tenant."
"This is also to avoid the waste of social resources."
"I think that if this legal spirit can be defined by a name, it can be called the principle of adverse appropriation!"
"Today, the ownership of Pearl Island falls within the scope of adverse appropriation!"
This chapter is not finished yet, please click on the next page to continue reading the exciting content! "More than five hundred years ago, due to the letter of grant from Duke Charles, the island can be considered to have a dispute over ownership."
"However, in the past many years, the heirs of the owners and their descendants who have the gift letter have never made any claim to the island, except now, my client, Miss Katsura Ayaka!"
"Since more than two hundred years ago, it has become a daily fishing place for fishermen in the East China Sea."
"Thus, the fishermen in Beiguan of the East China Sea are the objects of adverse appropriation, and my client, Miss Gui Linghua, is the original owner and the subject of adverse appropriation!"
"But does this adverse appropriation exist? Your Honor still needs to rule, because the island is not a house, and its shelf life is much longer than that of property such as a house. Therefore, the ten-year period should not be applied, but a longer period should be used
Time has come to define the act of adverse misappropriation. My client has now filed a claim for ownership after 231 years of property being misappropriated!"
"If your Honor believes that adverse appropriation exists in this case, then Pearl Island will be the legal fishing ground for fishermen in Beiguan, East China Sea from now on. If your Honor believes that adverse appropriation does not exist, then it should be ruled that the island will belong to my client from now on.
All owned by Katsura Ayaka!”
The information Lu Ming got from Wang Zili and Wang Wushu was clear. A hundred years ago, Japanese fishermen only came to fish in the waters of Pearl Island.
Therefore, as long as the ownership of this island uses the principle of adverse appropriation, then the owner is either a fisherman from the East China Sea or Gui Linghua.
If the Beiguan fishermen's adverse appropriation is established, then the Japanese fishermen are not qualified to be the objects of adverse appropriation. If it belongs to Gui Linghua, it belongs to them, because when they signed the agency agreement with Gui Linghua, the island was gifted to them.
As a cultural relic, it belongs to the 80% of my own. Moreover, it is not very valuable. It does not occupy much of the 80% of the space. It is an add-on to the cabbage price.
If the island belongs to you, then everything will be fine.
As for the other heirs of the gift book, they don't know if the gift book is still there. Even if it is, it was regarded as a joke in the past. On behalf of Katsura Ayaka, he was the first to make a claim for ownership and was confident that he would defeat them all.
Therefore, as long as the principle of adverse appropriation is applied in this case, the autumn fishing ban can become the norm from now on.
After thinking about it, seeing that Christine remained silent, Lu Ming felt that there was still a loophole, so he added something.
I talked about this for nearly an hour, and my mouth felt quite dry.
"Your Honor, I'm done!" Seeing that Christine still didn't say a word from beginning to end, Lu Ming said helplessly.
"Are you sure you're done?!" Judge Christine asked calmly.
"Indeed... sure..." As he said that, Lu Ming also frowned and quickly thought about where there were loopholes in his arguments. Did he fail to convince her?
"Okay, you can say these words again in the new court where the appeal will be filed!" After saying that, Christine banged the gavel hard.
The assistant legal officer was dumbfounded. It took him a long time to recover. He stood up and said in a long voice: "Exit the court! Everyone! I respectfully bid the distinguished Chief Judge Christine leave!"
Lu Ming was even more stunned. His nose was almost crooked with anger. Is this woman menopausal? There is something wrong with her?! She is deliberately playing tricks on herself!
Kawashima Qidu was rarely amused, and he respectfully watched Judge Christine enter the inner room, then saw Lu Ming shake his head in pity and turn around to leave.
But in my heart, I let out a sigh of relief. This guy has something in his mind. What he said is very reasonable and well-founded. Moreover, it is very inspiring. His summary of the legal form is a link between the past and the future, and his insights are very unique.
It's like he can find the basis for any absurd case from the corners of the law, and absorb and summarize it to form a set of things that are impeccable in terms of legal principles.
From now on, try not to meet him in court.
Fortunately, this case ended like this, and there is no shame in it.
If he really wanted to go head-to-head with him, if he rashly faced off against the strongest opponent he had ever seen in his life, he would probably suffer a big loss.
At the plaintiff's table, Lu Ming was full of anger. Some bystanders who didn't know what was going on secretly pointed at Lu Ming's back and whispered.
Naturally, no one saw it. Judge Christine entered the inner court behind the curtain, bit her lip and chuckled mischievously, and murmured in a low voice, "Adverse appropriation, um, it's a bit interesting..."