Everything must be done within one's ability. Take raising a pet as an example. It not only requires a lot of energy, but also money and consumption. If you are not prepared, blindly following the trend will only cause trouble to others, and will also cause trouble for others. It will put yourself in an extremely disadvantageous situation.
The foster dog is unwilling to take it back
Liu Guang, who is in his 20s, is from Yixing, Jiangsu Province. He has the vigor and vitality of a young man, and his family conditions are neither good nor bad. But for some unknown reason, Liu Guang has never found a suitable job, giving the impression that he is always drifting in society.
In fact, there are many young people like Liu Guang nowadays. After graduating from school, it is often difficult to find a good job, and they are unwilling to do bad jobs. They have long relied on their parents to support their basic life. It seems wrong to say that they are not motivated, but many Performance at times was unsatisfactory.
The most important thing is that Liu Guang also likes to follow the trends. After staying at home for a while, maybe because he had nothing to do and was unbearably lonely, Liu Guang became obsessed with pets like many young people, and bought and raised a ten-year-old pet. The cute little Teddy is named "Xiaobai".
My name is Kyoko Hikaru. I use cases to popularize legal knowledge. Welcome to read.
When Xiaobai first got it, Liu Guang couldn't put it down. He was like his own child, holding it in his hands for fear of breaking and holding it in his mouth for fear of melting. That kind of care was even closer than to his own relatives. Of course, Xiaobai also brought a lot of joy to Liu Guang. In fact, from a certain perspective, raising pets also has certain positive significance.
However, during the Spring Festival of 2020, Liu Guang had to go to relatives' homes to pay New Year's greetings, and it was inconvenient to take Xiaobai with him. Also, if there were no other family members to take care of Xiaobai, he went to a nearby pet store and asked for foster care. After all, this is a business, and pet shops certainly want it.
After the two parties negotiated the conditions, they signed a relevant custody contract. At the same time, they agreed that the foster care fee would be 30 yuan per day. The expenses for deworming, vaccines, and nursing care for Xiaobai would be accounted for by the pet shop. After Liu Guang took Xiaobai back, Settled together. Then Liu Guang handed Xiaobai to the pet shop and went to do his own things.
It is human nature to say New Year greetings. It may take three to five days at the earliest, or ten or so days at the earliest. But as time passed day by day, Liu Guang never went to the pet store to pick up Xiaobai and settle the related expenses. Don't think this is a good thing. For pet shops, raising novices also costs money. If the owner does not pick up his pet for a long time, it will be very troublesome if there is any additional confirmation.
But when the pet store contacted Liu Guang, Liu Guang shied away with various reasons. He would not pick up his pet at the store and would not confirm various purchases. The two sides then launched a two-year tug-of-war. The battle of wits and courage was jaw-dropping, and it was unclear why Liu Guang would leave Xiaobai alone.
Despite repeated warnings,
the owner of the pet shop said that he had been really worried about Xiaobai's fate in the past two years, and was also afraid that his owner would not want him. However, nothing should be left behind that should be spent on Xiaobai. In short, this matter made people extremely annoyed and made the pet shop extremely helpless.
It turns out that the pet store sent Liu Guang multiple invoices through mobile phones and other contact methods during the two years from February 2020 to February 2022, requiring Liu Guang to pay the foster care and nursing fees and take Xiaobai back. , but Liu Guangdu refused on the grounds that he was out of town and was short of money.
From the mobile phone messages of the pet shop owner, we can see that the store sent Liu Guang many times, "It's time for Xiaobai's deworming, it's time for Xiaobai's vaccine...", but Liu Guang did not respond, nor did he say whether Give Xiaobai deworming vaccine.
In October 2021, the pet store, which was really unable to support itself, issued an ultimatum to Liu Guang. Liu Guang had to pick up the dog at the store and pay the bill within 3 days, otherwise he would file a lawsuit and rely on legal means to solve the problem. But Liu Guang still didn't respond.
In March 2022, the pet store took Liu Guang to court, requiring Liu Guang to pay a total of 28,290 yuan in foster care fees until the end of February 2022, and pick up Xiaobai at the store. Under the shock of the law, Liu Guang appeared in court to respond, and the dispute between the two parties entered the substantive stage of settlement.
What should I do if I can’t afford it and throw it away?
In fact, this is a typical custody contract dispute case. It is very common in reality to leave items to others for safekeeping and leave the owner alone. However, living objects like pets are not as simple as fixed items. After all, pets need to be consumed.
In this case, pets are as embarrassing as zombie cars . If the pet shop sells or gives away the pet privately, the dog owner may immediately appear to make a claim. However, raising pets for a long time is a challenge for many people. , and whether various purchases will cause later disputes, such as whether the dog owner will claim that he did not confirm or deny the account, and a series of other issues.
Fortunately, both parties signed a custody contract, and the law also supports related lawsuits. Moreover, our country's Civil Code also stipulates this. A custody contract is a contract in which the custodian keeps the deposited object delivered by the depositor and returns the object. The depositor shall pay the custody fee to the custodian as agreed.
Therefore, if you encounter this kind of problem, you should file a lawsuit as soon as possible to avoid excessive losses. In this case, the custody contract between the two parties stipulated the foster care fee, and the expenses for nursing care, deworming, and vaccines were calculated separately and were accounted for by the pet store. Although the relevant consumption after October 2021 has not been confirmed by Liu Guang, the relevant evidence proves the rationality of the expenditure and should be supported.
In June 2022, after a comprehensive evaluation, the Yixing Court supported the pet shop’s appeal and ordered Liu Guang to pay the pet shop’s foster care fee of 28,290 yuan within a time limit. Judging from the judgment, this matter has been properly handled. As for the later period, if Liu Guang refuses to pay the effective judgment obligations, the pet shop can apply for enforcement.
Pets are living creatures. Before raising them, you must fully consider whether your own income and energy can provide a stable living environment for the pets. Instead of seeking freshness, you cannot hope that others will help raise them. This is contrary to the original intention of raising them. .
In this case, regardless of the reason, Liu Guang should fulfill the obligations specified in the contract between the two parties and pay the foster care and other expenses in a timely manner, because Xiaobai is Liu Guang's pet after all. Of course, some people may ask whether both parties can agree on the time of pickup when signing the custody agreement. This is of course feasible.
But there is a certain problem here. Even if the foster carer does not come to pick up his pet within the specified time, the pet shop cannot handle it privately, because from the perspective of property rights, the foster pet belongs to the foster carer. Compensation is required for private processing.
Therefore, the risk of handling it privately is very huge, and the gain outweighs the gain. The wisest way is to file a lawsuit in court and claim the foster care fees and the return of the property, which may be more appropriate.
What do you think about this matter? ( The main purpose of this article is to use case explanations to popularize legal knowledge. The characters are all pseudonyms, so please do not identify them. )
What should I do if I can’t afford it and throw it away?
In fact, this is a typical custody contract dispute case. It is very common in reality to leave items to others for safekeeping and leave the owner alone. However, living objects like pets are not as simple as fixed items. After all, pets need to be consumed.
In this case, pets are as embarrassing as zombie cars . If the pet shop sells or gives away the pet privately, the dog owner may immediately appear to make a claim. However, raising pets for a long time is a challenge for many people. , and whether various purchases will cause later disputes, such as whether the dog owner will claim that he did not confirm or deny the account, and a series of other issues.
Fortunately, both parties signed a custody contract, and the law also supports related lawsuits. Moreover, our country's Civil Code also stipulates this. A custody contract is a contract in which the custodian keeps the deposited object delivered by the depositor and returns the object. The depositor shall pay the custody fee to the custodian as agreed.
Therefore, if you encounter this kind of problem, you should file a lawsuit as soon as possible to avoid excessive losses. In this case, the custody contract between the two parties stipulated the foster care fee, and the expenses for nursing care, deworming, and vaccines were calculated separately and were accounted for by the pet store. Although the relevant consumption after October 2021 has not been confirmed by Liu Guang, the relevant evidence proves the rationality of the expenditure and should be supported.
In June 2022, after a comprehensive evaluation, the Yixing Court supported the pet shop’s appeal and ordered Liu Guang to pay the pet shop’s foster care fee of 28,290 yuan within a time limit. Judging from the judgment, this matter has been properly handled. As for the later period, if Liu Guang refuses to pay the effective judgment obligations, the pet shop can apply for enforcement.
Pets are living creatures. Before raising them, you must fully consider whether your own income and energy can provide a stable living environment for the pets. Instead of seeking freshness, you cannot hope that others will help raise them. This is contrary to the original intention of raising them. .
In this case, regardless of the reason, Liu Guang should fulfill the obligations specified in the contract between the two parties and pay the foster care and other expenses in a timely manner, because Xiaobai is Liu Guang's pet after all. Of course, some people may ask whether both parties can agree on the time of pickup when signing the custody agreement. This is of course feasible.
But there is a certain problem here. Even if the foster carer does not come to pick up his pet within the specified time, the pet shop cannot handle it privately, because from the perspective of property rights, the foster pet belongs to the foster carer. Compensation is required for private processing.
Therefore, the risk of handling it privately is very huge, and the gain outweighs the gain. The wisest way is to file a lawsuit in court and claim the foster care fees and the return of the property, which may be more appropriate.
What do you think about this matter? ( The main purpose of this article is to use case explanations to popularize legal knowledge. The characters are all pseudonyms, so please do not identify them. )
