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Morning Post ｜ The launch of Musk Starship was postponed／Yu Chengdong： Ask M9 to redefine the 10 million luxury SUV／Apple savings account officially launched.

Apple’s savings account was officially launched, with an annual interest rate of 4.5%.
Huawei nova 11 series released, decentralized two-way Beidou satellite communication
One plus Ace 2 original customized version released
OPPO super image contest opens
Huawei released the intelligent driving version M5, which claims to be infinitely close to L3.
Society needs to adapt to AI, but the false content of AI shows the necessity of supervision.
The starship was temporarily cancelled.
The developer of Angry Birds was acquired by Sega.
WPS officially announces new membership system
Chuantesla Shanghai factory ordinary workers have a monthly salary of ten thousand yuan.
Kunlun Wanwei released the "Tiangong" model.
Lego launches Peugeot 9X8 super running building block model.
Pepsi launches sugar-free raw coke
Amazon announced the restart of classic IP such as Robocop.
The spin-off of "New Batman" will start next year.
John Wick derivative drama started in September.

　

Last week, Musk predicted that the SpaceX heavy-duty launch vehicle would be launched this week, and said that the probability of successful launch was 50%. I thought he was modest, but I didn’t expect to give us a shot.

Last night, the starship announced that it would postpone the launch 40 seconds before the test flight. The reason for the cancellation was that there was a problem with the pressurization system of the super-heavy booster, specifically, the pressure valve was frozen, so the launch plan was temporarily cancelled.

The next launch will have to wait at least 48 hours. This morning, SpaceX announced that it will conduct a flight test two days later, that is, on the morning of April 20, EST.

According to the original plan, three minutes after liftoff, the starship will separate from the booster rocket, fly about 150 kilometers above the surface, and finally splash down near Hawaii.

SpaceX is so cautious, because before the starship, SN8 crashed hard in the test, and the original intention of the starship design is to achieve multiple recycling, which will greatly reduce the cost of rocket launch, so before the starship is successfully launched, all caution is worthwhile.

Japanese game giant Sega announced that it has acquired Finnish game company Rovio Entertainment, the developer of the famous game Angry Birds, for about 5.344 billion yuan (706 million euros).

The acquisition is expected to be completed in September 2023. Sega’s acquisition of Rovio aims to enhance the mobile game business and use Rovio’s expertise to push existing and new games to the global market.

Rovio is one of the most successful game developers in the early days of mobile Internet. It owns many self-developed games, such as Angry Birds and Little Thief, among which Angry Birds has been downloaded more than 1 billion times, making it the first mobile game certified by Guinness Book of Records.

Last night, Apple announced that the Apple Card savings account was officially launched. This function enables Apple Card users to open Goldman Sachs savings accounts in the iPhone wallet application and earn interest from the balance of Daily Cash at an annual rate of 4.15%.

This feature requires an iPhone with iOS 16.4 or later to use.

WPS office assistant launched a new version of WPS membership system. The original three categories of WPS members, rice husk members and svip were cancelled and unified as WPS svip.

The new version of svip is divided into basic package and Pro package, which are suitable for personal daily use and users with professional office needs respectively.

The basic package is 148 yuan, and the Pro package is 248 yuan.

According to the recruitment release of Shanghai Lingang, the Tesla Energy Storage Super Factory, which just signed a contract to settle in Shanghai Lingang recently, began to recruit. In 2019, when the Tesla Shanghai factory was completed for recruitment, there was a recruitment fever.

Tesla’s Shanghai factory has a good reputation for treatment. Tesla staff revealed that an ordinary front-line worker has a basic salary of 5K+ per month, and other incomes include bonuses, allowances, overtime pay, etc., with an average monthly income of nearly 10,000 yuan. In addition, there are 7% five insurances and one gold, 5% housing accumulation fund, free working meals, free shuttle bus, and free commercial insurance for the whole family.

But late last week, some people tweeted to the accounts of elon musk, his mother Meyer Musk and Tesla on Musk’s Twitter, saying, "Please note that the performance (bonus) of the front-line workers in Tesla’s Shanghai factory has been arbitrarily deducted. 」

Two workers mentioned that their supervisor informed them that their quarterly bonus was cut at the weekend. When asked about the reason, Tesla’s supervisor mentioned a "safety accident" that happened in February this year. It is said that the accident caused the death of a worker.

Kunlun Wanwei and Singularity Zhiyuan jointly released a 100-billion-level large language model "Tiangong", which can meet diversified needs, such as copywriting, knowledge quiz and code programming.

The generating ability of "Tiangong" covers science, technology, culture, art and other fields. At present, the invitation test has been started.

Tiangong can support up to 10,000 words of text dialogue and more than 20 rounds of user interaction, and its computing power is based on one of the largest GPU clusters in China.

The official entrance is now only for internal users to log in.
https://tiangong.kunlun.com/

OPPO 2023 Super-image Competition was officially launched, with the theme of "Surpassing images and achieving imagination".

There are six awards in the contest, including the annual super-image master, the annual super-image masterpiece, etc., and the highest prize can be 160,000 yuan. All winners will receive award certificates, official promotion, professional comments, etc.

OPPO 2023 Super-image Competition was officially launched, and photographers were invited to participate to show their personal photography skills and creativity. The submission time is from April 17th to July 25th, and the winning works will be announced in the middle and late August.

Interested friends can view it in official website.
https://imagine-if.oppo.com/cn/

Sundar Pichai, CEO of Google, expressed his concern about the rapid development of artificial intelligence and its potential threat to society in the CBS program "60 Minutes".

"I always think that AI (artificial intelligence) is the most profound technology that human beings are studying, which is deeper than fire, electricity or anything we have done in the past."

Pichai believes that society needs to adapt to new technologies, and all walks of life may be affected, and artificial intelligence may subvert the work of "knowledge workers." He emphasized the risks of generative artificial intelligence, such as deep forgery of videos, called for supervision, and pointed out that those who made these videos must bear the consequences.

New technology will affect every product of every company. Take radiologists as an example. In the next five to ten years, artificial intelligence may become their assistant to help with priority tasks.

He emphasized the necessity of supervision, saying that anyone who has worked with artificial intelligence will realize that it is so different and profound that we need social regulations to think about how to adapt.

He also mentioned that Google’s AI technology was used in a harmful way, which made him sleepless at night.

Complete interview
https://www.cnbc.com/2023/04/17/google-ceo-sundar-pichai-warns-society-to-brace-for-impact-of-ai-acceleration.html

Huawei’s nova 11 series new machines were officially released, including Huawei’s nova 11, nova 11 Pro and nova 11 Ultra, with starting prices of 2,499 yuan, 3,499 yuan and 4,499 yuan respectively.

It is worth mentioning that Huawei nova 11 Ultra is equipped with two-way Beidou satellite news, but the whole system is equipped with 778G 4G processor.

Today’s version of the M5 Intelligent Driving Edition is equipped with version 2.0 of Huawei’s high-order self-driving system HUAWEI ADS for the first time, which is the first to realize the high-order intelligent driving function without relying on high-precision maps.

In Yu Chengdong’s words, this should be "L2.99…… … high-order intelligent driving infinitely close to L3".

The M5 version of Zhijie is equipped with 1 overhead lidar, 3 millimeter-wave radars and 12 ultrasonic radars. There are 11 forward, lateral, panoramic and backward high-definition cameras, of which the forward camera has been upgraded to 8 million pixels.

For the unmarked irregular obstacles on the road, the GOD(General Obstacle Detection) network carried by the M5 Intelligent Driving Edition can quickly identify and automatically avoid them.

In terms of intelligent cockpit, the M5 version of the intelligent cockpit has also made considerable progress, adding space audio, MagLink interface and other configurations, and further improving the cockpit experience.

In terms of price, the prices of hybrid rear-drive and four-wheel drive models are 279,800 yuan and 299,800 yuan respectively; Pure electric rear drive and four-wheel drive models are 289,800 yuan and 309,800 yuan.

At the end of the conference, the new model M9 was also previewed, claiming that it would redefine tens of millions of luxury cars. The M9 will meet us in the fourth quarter of this year.

Last night, One Plus released an Ace 2 custom gift box, which contained an Ace 2 "Lava Red" mobile phone and was equipped with the original customized software theme of Xiangling.

The gift box is designed with Chinese style "food box", which is closely related to the original story of the role of Xiangling. The rich red color with bronzing pattern has a high texture. The built-in customization theme of mobile phone provides rich customization elements, such as static wallpaper, dynamic wallpaper, information screen display, etc., and "Xiangling crispy rice" elements can be seen everywhere.

Lego, which is keen on co-branding, recently launched this Peugeot 9X8 1:10 building block model, the length and height of which are 50cm and 13cm respectively. The whole vehicle is assembled from 1,775 building blocks, which reproduces the rich configuration of the real vehicle, including car stickers, factory logos and other racing elements, as well as the reflective details of the grille.

This building block model is expected to be officially released on May 1st, with a price of $200.

Pepsi launched the first Pepsi Sugar-Free Raw Coke in China market, which has a stronger bubble experience, continues the sugar-free 0-calorie formula, and brings a more exciting and refreshing "killing taste".

The so-called raw coke, its concept is the same as the "raw" in raw beer and raw chocolate, which means freshness.

After Amazon bought MGM Pictures for $8.5 billion last year, there are plans to adapt and restart many of its classic films. The latest reports indicate that films including Robocop, Stargate and Pink Panther are expected to be restarted.

At present, Amazon has contacted many people and plans to make Robocop, legally blonde and Stargate into movies and TV at the same time.

Penguin character, the derivative drama of DC’s "New Batman", released a preview. The drama is currently being filmed and it is planned to launch the streaming media platform Max next year.

The derivative drama "Intercontinental Hotel" released a preview, and all kinds of violent pictures of fighting went deep into the mysterious hotel.

The drama focuses on the origin story and internal operation of the intercontinental hotel where the killer took refuge in the movie world view, taking Winston Scott, the character of ian mcshane, as the prototype and starting from the perspective of Scott when he was young. The drama has a total of 3 episodes and is scheduled to go online on Peacock streaming media platform in September.

Fishing? It’s better to read a book and present a book "Geography of Happiness", a book that answers "Where is the happiest place in the world" and "How to get happiness".

Are you fat or not？ You can tell by testing yourself.

　　Nowadays, the word "losing weight" has become the mantra of many people, but do you know whether you are fat or not? (data map: the picture shows the people of Shanghai setting off a night fitness tide. China News Service reporter Yin Liqin photo)

　　Editor’s note: There is no fixed method for fitness, but fitness is a science. Here are the knowledge points of "you may not know, but you have to know" in fitness.

　　Beijing, August 23rd (He Li) As the saying goes, everyone loves beauty, so many women, old and young, regard losing weight as their "lifelong career" and talk about "getting fat". Many male compatriots have also joined the wave of losing weight. But have you ever thought about how to determine whether you are fat or not?

　　First of all, it needs to be clear that it can’t be measured only by the readings on the weight scale — — You who exercise regularly and weigh 65 kilograms will definitely look slimmer than you who have no exercise habits and weigh 63 kilograms. That’s what people say: "Dress thin and undress with meat".

　　Fat and thin can’t be judged simply by the reading on weighing scale. (Data Map: A fitness beauty is exercising in Sanqingshan Scenic Area, Shangrao, Jiangxi. Photo by Cheng Xixue)

　　And the specific determination methods, here are the following three. You can choose your own officials to know your own fatness.

　　The simplest method

　　Want to judge your fatness? The easiest way is to look at the waistline. As the old saying goes, the longer the waistline, the shorter the life expectancy. This is not without scientific basis. Many foreign media have also reported that too thick waist circumference will shorten life expectancy, both for men and women.

　　At the same time, waist circumference can also be used to simply determine whether your weight is overweight. Generally speaking, the normal waist circumference is: men are not more than 85 cm. If your waist circumference exceeds 90 cm, you are already obese and need to be controlled. It is acceptable for women to have a waist circumference of no more than 80 cm. If it exceeds 85 cm, it may be defined as obesity.

　　Waist circumference is one of the criteria that people can simply judge their figure. (Data Map: The picture shows the 2018 Taiyuan Bodybuilding and Fitness Championship, and hundreds of bodybuilders show their devil figure on the stage. Photo by Zhang Yun)

　　The most common method

　　Although the method of measuring waist circumference is simple, it has great limitations. The difference in height and body shape is too large, and the waist circumference standard may also change accordingly. At present, the most common index to evaluate the degree of human obesity is BMI, which is the body mass index.

　　This is a numerical value calculated according to the data of human height and weight. Its calculation method is: BMI= weight (kg)/height 2 (m)

　　The relationship between the index and the degree of obesity is as follows:

　　This data can roughly reflect the obesity level of an ordinary person — — As long as your BMI index is in the range of 18~24, it is normal. If it is less than 18, it is judged to be thin. If it is greater than 24, it will be judged to be overweight.

　　However, it is difficult for BMI index to have reference significance for fitness hobbies. Because people who have fitness habits have a different ratio of muscle to fat than people who don’t exercise often. Because of muscular development, these people usually weigh more than ordinary people, so the calculation result of BMI index can easily exceed 24, but they cannot be called "fat people".

　　The most accurate method

　　At present, a more accurate reference data is the body fat rate. Of course, what we are talking about here is not the measurement results of high-end equipment. With some simple methods, people can also test their body fat rate at home.

　　An effective method is to borrow sebum forceps to measure the data of two parts of the body, and then substitute it into the formula to get a relatively accurate body fat rate.

　　The specific method is: measure the upper arm (muscle belly of triceps brachii, that is, above the arm fossa of the big arm) and the back (below the scapular angle) with sebum forceps, and the data unit is millimeters.

　　After obtaining the data, first, calculate the body density with the measured data. The calculation method is:

　　man

　　Body density of 15~18 years old =1.0977-0.00146× (back sebum+upper limb sebum)

　　Body density over 19 years old =1.0913-0.00116× (back sebum+upper limb sebum)

　　female

　　Body density of 15-18 years old =1.0931-0.00160× (back sebum+upper limb sebum)

　　Body density over 19 years old =1.0897-0.00133× (back sebum+upper limb sebum)

　　Then it can be used to calculate body fat percentage, that is, body fat percentage =(4.57/ body density -4.142)×100.

　　In fact, if you don’t have a body fat clamp, you can also use the BMI index mentioned above to get a general understanding of your body fat rate. The calculation formula is: 1.2×BMI+0.23× age -5.4-10.8× sex (1 for male and 0 for female).

　　After getting the body fat rate, you can intuitively show your body obesity. Generally speaking, the body fat rate of adults is 15%~18% for men and 25%~28% for women. If your body fat rate is within this range, it means that your figure is relatively standard, but if the value is beyond this range, you may really need to start losing weight.

The sub-buyer’s right of performance should be protected by law.

Editor’s Note: This paper analyzes the legal application of Article 524 of the Civil Code of People’s Republic of China (PRC) with a case of a house sales contract dispute. It is now published for research and exchange.
I. Basic information
Final judgment document: (2019) Jing 03 Min Zhong No.13802.
Cause of action: commercial housing pre-sale contract dispute.
Plaintiffs (Appellees): Cheng and Yang.
Defendant (Appellant): A real estate company.
Defendant (defendant in the original trial): Ye.
Second, the basic case
On September 21st, 2009, a real estate company (seller) and Ye Mou (buyer) signed the Commodity House Pre-sale Contract, which stipulated that the commodity house involved was located at Room 3-401, a residential building in Huoxian County, Tongzhou District, Beijing, and the buyer paid the total house price of 738,090 yuan to the seller in a lump sum on September 21st, 2009. Article 10 "Liability for Late Payment" of the contract also stipulates that the seller has the right to terminate the contract after the overdue period exceeds 30 days. The contract also stipulated other contents. On September 21st, 2009, both parties completed the online registration of the pre-sale contract of commercial housing.
On December 30, 2009, Yemou (the seller) and Chengmou and Yangmou (the buyer) signed the Beijing Stock House Purchase and Sales Contract (self-transaction version), stipulating that the house sold by the seller is a building located at 3-401, a residential building in Huoxian County, Tongzhou District, Beijing, and the transaction price is 749,204 yuan. Within 90 days after signing this contract, the buyer. The contract also stipulated other contents. On February 12, 2010, Yemou issued a receipt stating that he received the house payment of RMB 520,000 from Cheng.
In addition, on February 12, 2010, Cheng and Yang (buyers) signed the House Exchange Agreement with Ye (former owner) and Zhu (developer), the current legal representative of a real estate company. The agreement stipulated that the original owner and the developer agreed to exchange the 401 house purchased by the buyer for the 201 house. After the online signing of the 201 house in the name of the buyer was completed, the buyer returned the contract and keys of the 401 house. A real estate company does not recognize the relevance of the above-mentioned House Exchange Agreement, claiming that Zhu was the legal representative after 2012 and had nothing to do with the company when signing the agreement. After the signing of the above-mentioned House Exchange Agreement, the two parties did not actually perform it. In 2011, Cheng and Yang renovated the houses involved and lived there ever since. Later, due to the failure to apply for the ownership certificate of the house involved, the contract between Cheng, Yang and Ye failed to go through the online signing and the transfer procedures.
On December 22, 2017, a real estate company issued a Notice of Termination of Contract to Ye, informing Ye that: 1. The Commodity House Pre-sale Contract signed between you and our company on September 21, 2009 will be terminated from now on; 2. Please cooperate with our company to handle relevant cancellation procedures such as cancellation of contract filing and registration within 3 days from the date of receiving this notice; 3. According to Item (2) of Point 1 of Article 10 of the Contract, you should pay our company a penalty of RMB 22,142.7. 4. Our company has the right to sell the subject house separately from the date when the notice of rescission is served. If the registration procedures for canceling the contract are not completed as scheduled, the subject house cannot be sold separately, and you will bear the indirect losses caused to our company. The Notice of Termination of Contract was signed by Ye’s family on December 25, 2017.
On February 27, 2018, a real estate company took Ye as the defendant and sued the court, demanding confirmation that the "Beijing Commercial Housing Pre-sale Contract" signed by both parties was terminated on December 25, 2017. When the case was tried, the court heard it in absentia because Yemou failed to appear in court after being legally summoned. During the trial, the court asked "who controls the house now", and a real estate company said that "Yemou has given the house to her"; The court asked "why the house was handed over without payment", and a real estate company said that "the defendant may be related to the original company, and the specific situation is unclear". After trial, the court held that the parties may agree on the conditions for one party to terminate the contract. When the conditions for terminating the contract are met, the obligee may terminate the contract. If one party claims to terminate the contract, it shall notify the other party. The contract is terminated when the notice reaches the other party. Accordingly, on May 15, 2018, the court made a civil judgment (2018) No.5665 at the beginning of the Republic of China: the Pre-sale Contract of Commercial Housing signed by a real estate company and Yemou was terminated on December 25, 2017. After the judgment, neither party appealed, and the civil judgment has now taken legal effect.
In January 2019, Cheng and Yang inquired about the above judgment through the Internet and filed a lawsuit in this case, demanding that the above civil judgment be revoked. In the lawsuit, Cheng and Yang made it clear that if Yemou did not pay the house payment, he agreed to fulfill the obligation to pay the house payment to a real estate company on behalf of Yemou. After trial, the court of first instance held that Ye and a real estate company did not truthfully state the facts of house resale to the court, which violated the principle of good faith, resulting in Cheng Lan and Yang Guihua not participating in the lawsuit because of reasons that could not be attributed to them; Cheng and Yang have a legitimate expectation interest in Yemou’s performance of payment obligations to a real estate company, and then obtaining the ownership of the house; (2018) The civil judgment No.5665 at the beginning of the Republic of China in Beijing 0112 damaged the expected interests of Cheng and Yang. Accordingly, the court of first instance ruled on August 16, 2019 that the civil judgment No.5665 of (2018) Jing 0112 Minchu was revoked. After the verdict, a real estate company refused to accept it and appealed. After hearing the case, the court of second instance ruled that the appeal was dismissed and the original judgment was upheld.
Third, the focus of controversy
When the buyer of commercial housing resells the house and the developer should know about it, and the developer asks to cancel the commercial housing sales contract signed by both parties on the grounds that the buyer fails to fulfill the payment obligation as agreed, does the sub-buyer have a legitimate interest in the performance of the above debts and has the right to perform it for the developer?
Fourth, the gist of the referee
If the debtor fails to perform the debt and a third party has a legitimate interest in performing the debt, the third party has the right to perform it on behalf of the creditor. If the buyer of the commercial house resells the house, the sub-buyer shall enjoy the expected benefits for the buyer to fulfill the payment obligation to the seller and then obtain the ownership of the commercial house. When the buyer fails to perform the payment obligation, the sub-buyer has the right to perform it for the seller. If the seller and the buyer violate the principle of good faith and fail to truthfully state the resale of the house to the court, which leads to errors in the court judgment documents and damages the sub-buyer’s "performance right", the sub-buyer has the right to request the cancellation of the judgment documents.
V. Analysis of application
Article 524th of the Civil Code of People’s Republic of China (PRC) (hereinafter referred to as "the Civil Code") is a new provision. The first paragraph of this article stipulates that if the debtor fails to perform the debt and a third party has a legitimate interest in performing the debt, the third party has the right to perform it on behalf of the creditor; However, unless it can only be performed by the debtor according to the nature of the debt, according to the agreement of the parties or according to the law. The above provisions are the rules for the third party to perform on behalf of the creditor, which gives the third party the right to perform on behalf of the creditor, which is called "the right to perform on behalf of the creditor" in this paper. The application of this provision is analyzed in combination with this case.
1. The third party to perform and performed by the third party.
To understand the significance of the third party’s performance of the rules, we first need to understand the difference between the rules and the rules performed by the third party. Article 65 of People’s Republic of China (PRC) Contract Law (hereinafter referred to as "Contract Law") promulgated and implemented in 1999 stipulated that the third party should perform the rule. Article 523 of the Civil Code adopted the content of this article in the original text, and only modified some words. Article 523 of the Civil Code stipulates that if the parties agree that the third party shall perform the debt to the creditor, and the third party fails to perform the debt or the performance of the debt does not conform to the agreement, the debtor shall bear the liability for breach of contract to the creditor. It can be seen that the performance by a third party means that both parties agree that the debt shall be performed by a third party, and the reason why the parties agree to be performed by a third party is that the third party is liable to the debtor, and the agreement to directly perform by a third party "can save the trouble of multi-ring performance" [1]. Judging from the content of this article, its main normative purpose is to solve the subject of liability for breach of contract. The third party’s performance on behalf of the debtor refers to "when a debt has expired and the debtor fails to perform the debt, which may harm the interests of the third party, the third party may perform the debt on behalf of the debtor to the creditor, so as to preserve its legitimate interests" [2].
It can be seen that in the rule of performance by a third party, although the third party is not a party to the contract, its performance matters are agreed by the parties and become one of the terms of the contract. However, in the new rules of performance by the third party in the Civil Code, the third party is neither a party to the contract, nor is its performance an agreement of the parties to the contract. The third party’s performance to the creditor is a right means to protect its own legitimate rights and interests based on its legitimate interests in the performance and the debtor’s non-performance. Take this case as an example. In the case that Yemou resold the house involved and has not fully fulfilled the obligation to pay the house price, if Yemou agreed with a real estate company that the remaining house price would be paid by Cheng and Yang, it would be a third party to perform the contract. The actual situation of this case is that Yemou and a real estate company did not agree that "the remaining house payment will be paid by Cheng and Yang", but because Cheng and Yang have legitimate interests in Yemou’s performance of their debts, Cheng and Yang have the right to perform it for the real estate company. If Yemou and a real estate company know that the house has been resold, but without consulting the sub-buyers, Cheng Mou and Yang Mou, whether they agree to perform the debt to the real estate company on behalf of Yemou, and terminate the contract through litigation or negotiation on the grounds that Yemou has not fulfilled the obligation to pay the house payment, it will infringe on the "right to perform on behalf of Cheng Mou and Yang Mou". This is the third party to perform the rules.
2. About "the third party has a legitimate interest in performing the debt"
According to the provisions of Article 524 of the Civil Code, one of the requirements for a third party to enjoy the right to perform on his behalf is that "the third party has a legitimate interest in performing the debt". Although in real life, the performance of contract debts involves many interests, such as Zhang San buying an air conditioner from Li Si, not only Zhang San benefits, but also his family and even his guests, but it cannot be considered that the guests have legitimate interests in Li Si’s performance of his debt to pay for air conditioners. Because, according to the basic principle of debt law, contracts are relative and creditor’s rights belong to relative rights. However, with the development of society, the relativity of contract has been gradually broken through in many fields, thus affirming the legitimate interests of the third party outside the contract for the performance of contractual debts. The expansion of the protection scope of this kind of interest should be affirmed and properly restricted, otherwise it will bring endless obligations to the market participants and thus hinder the development of the market economy. Whether the third party has a legitimate interest in the performance of the debt shall be judged on the basis of the nature of the interest. Only when this interest is important enough to break through the relativity of contracts can it be given special legal protection to ensure the normal operation of the market economy.
Before the introduction of the Civil Code, the stipulation that the third party has legitimate interests in performing the contractual debts and then has the right to perform on behalf of the creditors appeared in the field of urban housing lease contracts. Article 17 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Urban Housing Lease Contracts (hereinafter referred to as "Judicial Interpretation of Housing Lease Contracts") stipulates that if the lessor requests to terminate the contract due to the lessee’s arrears of rent, the people’s court shall support the sub-lessee’s request to pay the unpaid rent and liquidated damages on behalf of the lessee to defend the lessor’s right to terminate the contract. Except that the sublease contract is invalid. If the rent and liquidated damages paid by the sub-lessee exceed the amount of rent payable, the sub-lessee may offset the rent or recover from the lessee. The above provisions are based on the protection of the interests of the sub-lessee’s housing right, and affirm the legitimate expected interests of the sub-lessee for the normal performance of the debts of the previous lease contract. In other words, the judicial interpretation of the above-mentioned housing lease contract gives the sub-lessee the right to claim compensation because the legal lease right of the sub-lessee is an important legal interest. Protecting this legal interest is in line with the rule of "buying and selling does not break the lease". On this basis, Article 524 of the Civil Code establishes the rule that the third party performs on its behalf. Although its proviso only excludes the situation that "it can only be performed by the debtor according to the nature of the debt, according to the agreement of the parties or according to the law", as mentioned above, the application of this rule should focus on the importance of legal interests, and the judicial interpretation of the above-mentioned housing lease contract can be used as a reference.
3. The application of law in this case
With the development of commercial housing market, the phenomenon of resale of commercial housing is becoming more and more common, and how to protect the rights and interests of sub-buyers has become an important topic in judicial practice. Under normal circumstances, sub-buyers can protect their rights and interests by asking the buyers to transfer their ownership in time. However, in practice, due to the nonstandard operation of developers, they failed to handle housing property certificate for a long time, resulting in a large number of unlicensed housing transfers. Take the jurisdiction of the court where the author is located as an example, there are not a few cases in which developers delay to apply for accreditation, and some communities have not handled housing property certificate for community owners for more than ten years. In this case, if the buyer has not fully fulfilled the obligation to pay the house price, we will face how to solve the conflict between the developer’s right to terminate the contract and the sub-buyer’s right to expect. According to the principle of freedom of contract and relativity of contract, the parties to a contract have both the freedom to conclude a contract and the freedom to terminate it. An agreement between a party to a contract and a third party cannot bind the other party to the contract. Therefore, when the debtor of the contract fails to perform the debt, the creditor has the right to exercise the right of rescission according to the law. No matter what agreement exists between the debtor and the third party, the agreement cannot bind the creditor. But in real life, if the above principles are applied to machinery, it will cause unfair situation. For example, in this case, after a real estate company sells a commercial house to Yemou, if the real estate company completely ignores the fact that the commercial house involved has been resold to Cheng and Yang, it will greatly damage the expected interests of Cheng and Yang by negotiating with Yemou or canceling the contract through litigation.
In fact, when the buyer fails to perform the debt and the seller claims to exercise the right to terminate the contract, we are faced with a dilemma. Because, we can’t allow one party to maliciously default on the house payment and breach the contract at will, but prevent the other party from canceling the contract and taking back the house on the grounds that the house has been resold, resulting in the party’s house and money being empty. At the same time, we can’t let it go: after the developer sold the house to the buyer and the buyer resold it to the sub-buyer for many years, the developer and the buyer suddenly claimed that the buyer had already breached the contract for many years, the contract should be terminated and the house should be recovered. Because the contract between the developer and the buyer is fulfilled, usually only the parties themselves know, and outsiders have no way of knowing. If the above termination situation is allowed to happen at will, it will lead to the secondary buyer being in an unstable state forever. Therefore, the expectation right of the sub-buyer to obtain ownership according to the sales contract should be protected by law.
For the above dilemma, the third party’s performance rule established in Article 524 of the Civil Code gives a clear answer. The equilibrium point of the rights conflict between the two parties is that the sub-buyer can claim to exercise the right of performance on behalf of the seller. In this way, it not only protects the seller’s right to get the price, but also protects the expected interests of the sub-buyer. However, at the time of the judgment of this case, the civil code had not yet been promulgated, and only the provisions of the judicial interpretation of the aforementioned housing lease contract on the sub-lessee’s right to claim compensation could be referenced. This provision provides an important basis for the application of the law in this case: since the judicial interpretation of the house lease contract is to protect the sub-lessee’s right to lease and give the sub-lessee the right to compensate for the claim, as the sub-buyers of the house, Cheng and Yang, after purchasing the house involved, decorate the house involved and live for many years, their right to live should be protected. In the case that Cheng and Yang clearly agree to fulfill the obligation of housing payment to a real estate company on behalf of Ye, their expectation right to obtain housing ownership should also be protected. When a real estate company demands to terminate the contract on the grounds that Yemou has not fulfilled the obligation to pay the house price while knowing that the house is resold, it should ask the sub-buyers, Cheng Mou and Yang Mou, whether to exercise their performance rights. If the previous sales contract is dissolved without consulting the sub-buyer, and confirmed through litigation, if the sub-buyer fails to participate in the litigation due to reasons not attributable to him, the sub-buyer whose rights and interests are damaged has the right to request the court to cancel the effective judgment document.
[1] Law Press Regulations Center: Annotated Edition of People’s Republic of China (PRC) Contract Law, Law Press, 2017, p. 56.
[2] China Legal Publishing House: People’s Republic of China (PRC) Civil Code (Practical Edition), China Legal Publishing House, 2020, p. 354.
Source: Tongzhou court served a soldier in Beijing for trial.
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Ten years ago, he quietly left after saving many people by the mourning hall. Ten years later, the parties finally found a benefactor.

Gao Wei (second from right) toasts the elders of the Huang family. Chengdu business daily

"Come on, second brother, let’s go!"

At noon on January 30th, at the invitation of Huang Bangyin’s family, Gao Wei made a special trip to Shifang to have a reunion dinner. During the dinner, he was full of laughter and joy. Ten years ago, Gao Wei saved more than 10 relatives and friends who were poisoned by carbon monoxide while attending a wake for Huang Bangyin’s lover. After leaving Shifang, Gao Wei changed his job, went to other cities and changed his mobile phone number, and lost contact with Huang Bangyin.

This life-saving kindness has always been remembered by the Huang Bangyin family. On the tenth anniversary of his lover’s death, Huang Bangyin’s family searched in many ways and finally found Gao Wei.

Past/

More than 10 people were poisoned by carbon monoxide. He left quietly after saving people.

Huang Bangyin of Shigu Village, Shigu Town, shifang city is 85 years old, and his lover died in the twelfth lunar month of 2009. Ten years ago, on the 25th day of the twelfth lunar month, he will never forget it. It was the day before his lover was buried. More than ten people resting in the next room of the mourning hall burned steel charcoal to keep warm, and all of them were poisoned by carbon monoxide. "If Gao Wei didn’t find it in time, more than 10 lives would be gone!" Although it has been ten years, he still has a lingering fear when talking about the scene at that time. When it comes to the thrilling place, the old man’s mouth twitched.

Huang Ruofang, the fifth daughter of Gao Wei and Huang Bangyin, used to be a colleague and friend of the same unit. When Gao Wei learned of Huang Ruofang’s mother’s death, he took his lover from Chengdu to Shifang to pay homage and express condolences.

Ten years ago that night, Gao Wei went to Shigu Town, shifang city, Huang Ruofang’s hometown.

Gao Wei and several other young people of the Huang family have been vigiling by the mourning hall, while others are resting in the next room. Because it is too cold, more than ten people who are resting in the next room burn steel charcoal to keep warm.

At about 4 am on the 26th of the twelfth lunar month, an accident happened.

"At that time, there were 10 people falling in the house, and they couldn’t wake up when they shouted." Gao Wei recalled that the temperature was low that night, and some relatives and friends of the Huang family went to the next room to warm themselves. It was about 4 o’clock in the morning, and a door opposite him opened and I saw someone lying at the door. At first, I thought I was drunk and felt something was wrong, so I went over to have a look and found that the air in the room was wrong. More than 10 people were lying on the ground and there were several pots of charcoal burning in the room.

Found suspected carbon monoxide poisoning, Gao Wei hurriedly shouted "save people quickly", and was busy opening the doors and windows of the house to ventilate, so that his wife could call 110 and 120 emergency calls.

"Looking at 10 relatives and friends lying in the house, my legs are scared." Huang Ruohua, the second son of Huang Bangyin, said that on the night of the incident, some relatives and friends stayed at home after various ceremonies were completed. Some are leaning on the sofa in the living room, while others are crouching in the chair, warming themselves by the fire and waiting for the next day. "When I heard shouting for help, the first reaction was that the mourning hall was on fire." He came out and saw that Gao Wei and others were busy carrying people out and rescuing them. "I was worried when I saw how many people were carried out." Huang Ruohua said.

Gao Wei, Huang Ruohua and others rushed to carry more than 10 relatives and friends out of the house. Some relatives and friends are still conscious, while others can’t wake up. Fortunately, after the alarm, 120 ambulances rushed to the scene. Everyone is busy sending more than 10 people to the car on the roadside a few hundred meters away. More than 10 relatives and friends were sent to the hospital for rescue.

Fortunately, it was discovered in time, and after the rescue, relatives and friends woke up one after another. After rescuing more than 10 relatives and friends of the Huang family, Gao Wei and his wife left quietly the next morning in order not to add trouble to the Huang family. When Huang Ruofang finished handling things at home, she was ready to thank Gao Wei, and Gao Wei went on a business trip again. After so many years, Gao Wei’s work changed, and after the mobile phone was replaced, Huang Ruofang lost contact with Gao Wei.

Now/

I finally got in touch with him and invited him back to "home" for a reunion dinner.

Not long ago, on Huang Bangyin’s birthday, all five children came back to celebrate their old father’s birthday. During the dinner, I talked about the tenth anniversary of my mother’s death. In the local countryside, the tradition of worshipping predecessors before the Spring Festival is preserved. Huang Bangyin has always had a wish to thank Gao Wei, the benefactor who met once, for having a reunion dinner together.

The family found the relevant departments, and Huang Ruofang contacted his old colleagues in many ways. Just two or three days ago, he finally contacted Gao Wei. Knowing that the Huang family wanted to invite him and his family back to the Youth League, Gao Wei readily agreed.

Yesterday morning, Gao Wei drove, took his wife and little daughter with him, and arrived at Huang Bangyin’s house at 10 o’clock in the morning. Huang Bangyin and his five children have moved out of the old yard and rebuilt their new houses.

After a brief greeting, Gao Wei, accompanied by the Huang family, went to the old yard. Gao Wei put incense on the grave of Huang Bangyin’s lover. The Huang family specially booked a banquet in a famous local restaurant, and warmly entertained the savior from afar. Although we haven’t seen each other for many years, when it comes to the past, both sides have endless words and endless drinks. In order to express his friendship with the Huang family, Gao Wei specially brought good wine to Huang Bangyin and gave red envelopes to the children of the Huang family.

"The Huang family really misses their feelings, which makes them feel at home." Gao Wei said. In a flash, 10 years passed. What changes is the living environment and the appearance of everyone, but what remains unchanged is the current situation.

(Original title: Ten years ago, after saving many people by taking a new mourning hall, he quietly left. Ten years later, the people finally reported that they had found a benefactor and celebrated the reunion.)

23141 Football Quiz： brentford vs West Ham United

Traditional football 14 quiz games.

Welcome to the 23141 football quiz game:

Brentford vs West Ham United is stronger than brentford. Brentford’s performance in the near future is average, and West Ham United may win or draw; Sheffield United VS Wolves, the current state and strength of Wolves are better than Sheffield United, and they are more likely to win this game.

Everton VS Brighton, although Brighton has certain strength, there is still a gap compared with Everton, and Everton has a greater chance of winning or drawing. Manchester City VS Bournemouth, Manchester City is a strong team in the Premier League, and its strength is obviously higher than Bournemouth. In this game, Manchester City wins, Burnley VS Crystal Palace, and the strength of the two teams in this game is relatively close. Burnley has performed well recently, while Crystal Palace has some ups and downs, but considering Burnley’s situation, it is possible to win or draw.

Newcastle United VS Arsenal, Newcastle United performed in general, Arsenal has a strong lineup and good offensive ability, and Arsenal has a greater chance of winning or drawing.

Frejborg VS M? nchengladbach, although Frejborg also has certain strength, M? nchengladbach is more prominent in attack and midfield control.

Meng Xing wins or draws. Hoffenheim VS Leverkusen, a strong Leverkusen with outstanding offensive and defensive abilities. Although Hoffenheim has certain strength, there is still a certain gap.

Leverkusen wins. Clone VS augsburg, Cologne and augsburg are similar in strength, but Cologne has performed slightly better recently. Augsburg has a lot of ups and downs, and this game is a draw or Cologne wins. Berlin United VS Frankfurt, the Berlin United lineup is poor, and there are problems in attack and defense. Frankfurt wins or draws. Mainz VS Leipzig Red Bull, Leipzig has advantages in attack and defense recently.

Red Bull Leipzig won this game. Dortmund VS Bayern Munich, although Dortmund has certain strength, there is still a certain gap compared with Bayern, and Bayern won the game. Atlanta VS Inter Milan, despite Atlanta’s remarkable offensive ability, Inter Milan has an advantage in lineup and defense.

Inter Milan won the game. AC Milan VS Udinese, the strength of AC Milan, a strong Serie A team, is obviously stronger than Udinese. AC Milan won this game, and the charm of football lies in its passion and unpredictability. Welcome to my sports lottery store to present you with a wonderful football feast.

Pay attention to salary and think about things, and analyze more exciting football games for you.

Tamia Liu airport photo, she is very thin, slightly dark skin, porcelain teeth too white too obvious.

Tamia LiuIs a high-profile actress, and her charm and acting skills are highly recognized. Recently, she was photographed at the airport, which attracted the attention of netizens.

As can be seen from the photos, Tamia Liu himself is very slim, and his slim posture is enviable. Whether standing or walking, she shows elegant temperament and confident demeanor. Although thin, her health and figure complement each other, and there is no trace of excessive weight loss, which reflects a healthy attitude towards life.

In addition, Tamia Liu’s skin is slightly dark, which is one of her unique charms. Compared with the traditional fair complexion, her slightly dark skin gives people a feeling of sunshine and health. This natural skin color has become her distinctive feature, which makes her closer to the public.

What is particularly amazing is Tamia Liu’s porcelain teeth, which are undoubtedly the brightest spot in her smile. Tamia Liu’s porcelain teeth are white and obvious, like a bright star, emitting a dazzling light. This brightness is in sharp contrast with her slightly darker skin, which makes her smile more charming and moving.

Tamia Liu’s airport photo shows her unique beauty and has conquered the hearts of countless netizens. She showed confidence, health and nobility with her thin but not withered porcelain teeth, slightly dark skin and too white and too obvious. Her personal charm is as eye-catching as her acting career and has become the focus of many fans. I believe that in the future, she will continue to conquer more audiences with her unique charm and show more outstanding performance.

Full competition! Who will stay with the Rockets’ new aid？ Xia Lian double will be stable, and fighting and shooting are urgently needed.

After signing star players such as Van fleet and Tommy Tam, the Rockets signed five unknown players in 2-3 days. These five players are power striker Matthew Mayer, power forward Samuel, and small forward Hinton, who have played for the Rockets in the summer league, and two players who have not participated in the summer league for the Rockets-German striker Obich in the draft in 2019, and former Trailblazers defender Ginason Williams. Once these five players are in place, the Rockets’ lineup will be full at once-20 people.

Initially, the Rockets’ lineup consisted of 13 players with formal contracts and 2 players with two-way contracts. Now, five marginal players have been signed at the same time, and the Rockets have reached full capacity. In the following days, if the Rockets want to sign new players, they must first lay off the players in the team. At present, the five new signing players of the Rockets seem to be most likely to be laid off. After all, the contracts signed by the Rockets with them are only training camp contracts. As long as the Rockets are willing, they can lay off some players at will without any loss.

Among the five new signings, who is most likely to stay in the Rockets? At present, the Rockets still have two official player places, and the two-way player places have been occupied by Huggins and Days, so if possible, the Rockets can lay off three of the five players and leave two players to sign formal contracts. Among these five marginal players, who can successfully stay in the Rockets and occupy a valuable number of players?

At present, for example, the strength of German small forward Obihi is relatively average. Although he can rush and shoot, the Rockets are much stronger than Whitmore, who has the same style as him. In addition, the Rockets’ Williams lacks characteristics. Although Hinton shoots well, the defensive end is lacking. In the end, it is very likely that the duo who performed well in Xia Lian will stay in the Rockets-striker Samuel and power forward shooter Matthew Mayer.

One of these two players can throw and the other can fight. Mel’s template is a bit like Ryan Anderson, the big shooter of the Rockets, with strong three-point firepower. Samuel is a bit like Tucker. Although he is short in height, he has a strong impact and is good at fighting. One can shoot and the other can fight. The "skill package" possessed by these two players is what the Rockets need.

Moreover, in the summer league, the two players have proved themselves in the game. The Rockets scored 5 wins and 1 loss in the summer league. In addition to the highlight performance of MVP striker Whitmore and the superior strength of Smith and Ethan, the contributions of Samuel and Mel in the lineup are indelible. This is also the basic guarantee for the two to stay in the Rockets.

AC Milan Reserves completed the relegation task ahead of schedule, and the management was satisfied with abate’s coaching performance.

Bozzolan, Kubis, El Eto and goalkeeper Nava were all called up by the first team during the season, while two new arrivals, Cuenca and Stalemacher, who just turned 17 last summer, made gratifying progress. Abate will continue to be in charge of this team’s coach next season, and many young players in the squad have grown up from lower-level teams with him. I believe that with his knowledge of the players, these teenagers will have the opportunity to become first-team players in the future, and follow the example of Calabria, Pobega and Gabilla to contribute their own strength at the San Siro Stadium.

Peninsula Sports Ligue 1： Gundogan has received from Manchester City for a longer period of time, and the players have not yet made a decision.

However, when Brazilian roberto firmino came off the bench, the crowd at Anfield exploded. He made his last home appearance for Liverpool after eight seasons full of trophies and scored a dramatic equaliser in the 89th minute.

Liverpool couldn’t find a more dramatic late winner, but klopp said he was satisfied with the result given the position of his team a few weeks ago.

"It’s a draw, it doesn’t matter, it doesn’t matter," klopp said at a news conference.

Artificial intelligence technology is changing the development of media industry and promoting the re-evaluation of industry value.

The generative AI application represented by ChatGPT has rapidly broken down, which has attracted the attention of media and Internet related application fields. The main application directions of generative AI are 2B and 2C. 2b: 1) Embedding enterprise workflow to assist production and realize cost reduction and efficiency increase; 2) Marketing link, assisting the generation of marketing ideas or realizing intelligent customer service; 2C1) As a productivity tool, it is applied to text generation, language learning and other fields; 2) Service scenarios such as education, entertainment, companionship and medical care.

Games: We believe that short-term generative AI can improve the production efficiency of text, image, audio, video, 3D model, code and other game content, break the production capacity constraints and creative landing, improve the ceiling of human efficiency, shorten the game production cycle and reduce the production cost. Long-term optimistic about the high degree of freedom of generative AI or innovative gameplay.

Film and television: the comprehensive text/audio/video in the film and television industry is a high-quality landing scene for generating AI. Generative AI is based on a large number of data and corpus, which will improve the production efficiency of scripts, music and other content and provide more creativity.

Advertising: efficiently generate advertising materials and fully empower industry participants: 1) platform side: the advertiser’s budget is based on user traffic and delivery efficiency, and the platform may benefit from the combination of AI. 2) Service provider: Based on the long-term accumulated customer cooperation relationship and content data, existing service providers develop small models of marketing industry on the basis of large models, which is a more effective industry solution.

Education: Education is an application scenario officially recommended by OpenAI, and it has application prospects in assisted learning. In terms of industrial impact, K12 takes the lead in hardware, and enterprises with deep accumulation of vertical data /AI technology are expected to benefit; At the same time, the development of artificial intelligence industry will drive employment demand, and related training enterprises such as Chinese public education are also expected to benefit.

Virtual people: 1)AI digital employees are expected to become an important "labor force" in the AI ? ? era, reducing costs and increasing efficiency for enterprises. 2)AI-driven virtual human interaction will be more simulated and intelligent. Virtual idols, virtual KOL, and virtual pets are expected to expand to more application scenarios such as live e-commerce, film and television variety, and chat companionship.

E-commerce: The e-commerce industry has accumulated a lot of data and algorithms over the years. We believe that the application of artificial intelligence in e-commerce can: 1) enhance the consumer experience and let users find the goods they need more accurately; 2) to improve the return on investment of advertisers, advertisers can use AI to generate marketing copy and push products to consumers more accurately; 3) Improve the platform efficiency. E-commerce platform uses artificial intelligence to improve algorithms, optimize operations, reduce costs and improve efficiency.

The application of generative artificial intelligence will promote content production to reduce costs and increase efficiency, bring more free interactive experiences and business scenarios, and promote the revaluation of the media industry. In terms of investment targets, at the current time, it is recommended to pay attention to companies that are expected to take the lead or have first-Mover advantages in specific scenarios:

1) Pay attention to companies that have cooperation or direct connection with overseas mature large-scale models and are expected to take the lead in realizing the scene: Kunlun Wanwei, Tomcat, Wanxing Technology, etc.

2) In the field of 2)2B, the game field recommends Sanqi Entertainment, Shadow Network, Gigabit, etc. The blue cursor is recommended in the marketing field, and it is recommended to pay attention to Leo shares, Tianyu data, a little world, etc. Virtual characters and virtual scenes: Tianyu data, cube data, world show, etc. Office and creative fields: Jinshan Office, Fuxin Software, Meitu, Dream World, etc. Financial field: flush; E-commerce field: Ji Hong, Guangyun Technology, etc.

3) The high-quality structured semantic database is expected to be revalued. Recommended attention: vision china, Chinese Online, etc.

4) Baidu and Alibaba are recommended in the technical field; It is recommended to pay attention to Haitian Ruisheng, Popular Technology, Iflytek, Tuosi, Inspur Information, Shuguang, Hongbo, etc. Us stocks recommend Microsoft and NVIDIA.