First Tribunal.
At the defendant's seat, only Qi Kawashima came. Since the defendants had all left Donghai before arriving in court, 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 said that Gui Linghua has lived in the East China Sea for more than ten years, and 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 deceased husband.
Kawashima also actively defended his case, pointing out that Katsura Ayaka and Kato Sanlu were both Japanese people, and Japanese laws should be applied. The inheritance of inheritance should follow Japanese public order and good customs, etc. But he had a gloomy look on his face, obviously dissatisfied with the client for 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: "The 19th inheritance, 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'm 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 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 with the highest aristocratic background 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 are not many, and only important princes can get the title of place name. According to the title of Yingzhou, a grand duke is similar to a prince, but it seems that her ex-husband had bad character, did something wrong, tortured and killed a black slave, or something? Therefore, 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. Go down.
I heard that her ex-husband was very infatuated, and they haven't gotten married yet and have been waiting for her to change her mind.
Of course Kato Shio and those guys didn't know Judge Christine's background, so they didn't take it seriously, thinking that it would be okay if they returned to Japan, and they were afraid of suffering.
He accidentally learned about this secret from a super-large client. If he spread the word, the big client would definitely kick him 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 without telling 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 time to consider.
But I didn't expect to have the opportunity to explain, especially the court of Judge Christine, who has always been unsmiling and extremely serious. It seems that she has changed her mind? Bowing slightly, "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 push order also extends to the present. For example, according to the Boliante Land Act, if a house is vacant and someone lives in it, the owner of the house does not come to collect rent within ten years, 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!"
"More than five hundred years ago, due to the grant from Duke Charles, the island can be considered to have had a dispute over ownership."
"However, over the past many years, the heirs of the owners and their descendants who have the gift letter have never claimed ownership of the island, except now, my client, Miss Katsura Ayaka!"
"Since more than two hundred years ago, it has become a daily fishing ground for fishermen in the East China Sea."
"Thus, the fishermen in Beiguan of the East China Sea are the subjects of adverse appropriation, and my client, Miss Gui Linghua, is the original owner and the subject of adverse appropriation!"
"But does this adverse possession 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 honorable judge 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 honorable judge 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 Pearl Island waters.
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 misappropriation is established, then the Japanese fishermen are not qualified to be the objects of adverse misappropriation. If it is owned by Gui Linghua, it belongs to her, because when she signed the agency agreement with Gui Linghua, the island was gifted to her. As a cultural relic, it belongs to one's own 80%, and it is not very valuable. It does not occupy much of the 80% space at all, and it is an add-on to the cabbage price.
If the island belongs to you, then everything will be easy.
The other heirs of the gift book didn't know if the gift book was still there. Even if it was, it was considered a joke in the past. On behalf of Katsura Ayaka, he was the first to make a claim for ownership, and he was confident that he would defeat them all.
Therefore, as long as the principle of adverse appropriation is applied in this case, fishing bans in autumn 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.
After talking for nearly an hour, I felt my mouth was dry and my tongue was 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 his arguments had flaws. Didn't he 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 stunned, and it took him a long time to recover. He quickly 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? Something wrong? ! You are deliberately playing a trick on yourself!
Kawashima Qidu was rarely amused and watched respectfully as Judge Christine entered the inner room. He then watched 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. I think what he said is reasonable and well-founded. Moreover, it is very inspiring. He summarizes the legal form and connects the past with the future. 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 this way, 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 why 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..."
