They say that back then, after Zhou Du got the property certificate, he never ca to complete the move-in formalities. The owner didn’t co to officially take the property, which was his own negligence... At first glance, it sounds quite reasonable.
But didn’t Bada Group know that Zhou Du has already passed away? Since they know, they are obligated to notify his family or heirs, which is impossible not to find!
Did they just ignore it and occupy it for twenty years?
Alright, they could claim they were unaware.
But then there’s an even more absurd claim that Zhou Du owed them two million? This is a public debt they never intended to recover? If they had pursued it, they wouldn’t possibly be unaware of his death.
He Kao knew they were talking nonsense, and they knew He Kao knew they were talking nonsense, but this is the rogue trick of the litigator. The person intentionally trying to pick a fight with you understands it better than you — they just want to pick a fight!
There were so things He Kao didn’t say, because there was a risk of implicating Lawyer Yao inadvertently, so he rely asked, "Lawyer Yao, in your view, is it possible that my father owed them two million?"
Yao Shaolan: "From common sense, this is highly unlikely. But the other side might provide so docunts, and perhaps there will be your father’s signature on them, claiming he owed money to the company under Bada Group.
The authenticity of these docunts and signatures is unknown, and if proven to be forged, they could argue it was done by the person in charge twenty years ago, who’s impossible to find now.
But these things have little legal significance; they’re ant to create trouble for you, and the statute of limitations has already expired. The statute of limitations for public debt claims typically lasts only three years."
He Kao: "Then what’s your professional perspective on this matter?"
Yao Shaolan: "If you choose to sue, theoretically this is a winning case. Because the property rights are undeniably yours, they have no reason to occupy it.
If the other party claims you owe them fees or funds, that’s a separate matter. They could apply for an asset preservation on the property, preventing you from selling or pledging it, but before the court issues a judgnt, they have no right to dispose of it, let alone use it.
But for you, the most passive aspect is that, indeed for the past twenty years, you haven’t proactively taken the property, and it’s been kept by the other party. Unless an agreent is reached, the other party will not release the property.
For such situations, the court is inclined to diation first; the likelihood of reaching an out-of-court settlent is higher for these cases. Even if ultimately the property is decreed to be yours, executing this becos troubleso."
He Kao sighed, "So, from a legal standpoint, the property is definitely mine. But in judicial practices, the other party has already occupied it, making it difficult for to reclaim it?"
Yao Shaolan nodded, "Yes."
He Kao: "Once in court, as long as the other party decides to play rogue, they’ll make a very simple matter as complicated as possible?"
This ti it was Yao Shaolan’s turn to sigh, "Judicial practice can be complex like that. You can win this lawsuit, but once you opt to sue, you must be prepared for a prolonged battle.
You’re an individual against a corporate legal departnt; it’ll consu your work and personal life, while the other side specializes in this, initially wearing you down.
For instance, providing various supplentary evidence, causing court postponents, or even necessitating additional hearings, all to exhaust you. Even if a judgnt is made eventually, the outco might not be wholly satisfying, and execution could face complications.
Specifically for this case, you’re likely to end up compensating the other party with so fees, such as the property fees they’ve paid over the years... Before you can reclaim the property."
He Kao remarked, "So matters should be made as simple as possible given the conditions, especially the legal provisions and judicial procedures — it’s everyone’s last safeguard.
If a matter, clear-cut between right and wrong by basic understanding, is complexified by legal docunts and judicial procedures to the extent that ordinary people cannot cope, there’s a problem."
Yao Shaolan chuckled wryly, "Mr. He, are you expressing discontent with or sothing else entirely?"
He Kao shrugged, "It’s not directed at you personally, nor at this case; can’t call it an opinion — it’s just my perspective. The operations of the legal and judicial sector leave unimpressed.
Matters concerning everyone’s interests should have the simplest possible procedures, making it understandable to every normally educated person and handled in the simplest way possible.
I won’t touch on legal articles — at least Eastern Country’s legal provisions, apart from overly specialized regulations, mostly uphold this principle, not complex to the extent that a high school graduate can’t grasp.
But the concrete rules of legal proceedings and execution are a different story. These related systems are all made by insiders, the more complex the practice becos, the better they demonstrate their value.
But in doing so, the cost for ordinary people increases.
What should have been efforts to eliminate professional barriers instead results in higher professional barriers — turned into a specialized ga within the circle, so high that regular individuals cannot manage, only achievable with their assistance.
Law is the last order safeguarding this world; if the order always runs in such a way, it implies the system is flawed."
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