Gusu city intermediate court after think, painting and calligraphy as archbishop of buying and selling there is "blood" conceit "fake out" trading habits, is because of the calligraphy and painting business characteristics of the seat of a bier, high risk, high buy and discriminant painting and calligraphy authenticity matter cosine, time and cost, higher business capital. But such deals with the oil painting sample should accord with sincere reputation and name the basis of fair principle. Detail to this case, business involved in calligraphy and painting only less than half of the real, and even the real value is also very honourable, and even lower than the price of the local water and land, and the total price 450000 yuan means less than pure, significantly in proportion. In the case of oil painting, the transaction of this kind of scene is not only fair in the result, but also has no probabilistic meaning in the beginning of the business. So in this case, if still buyer: "aperture from" since "fake out" business habits, is contrary to honest fortunately, fair justice and mercy of teaching oil painting.
Hai-peng guo argues that business, back guarantee genuine calligraphy and painting by liu, liu back to sell on the reality of a small piece of calligraphy and painting are fake, identified the real value is 7950 yuan, only is far lower than the buying and selling price, flattering zhong-xing liu existence move; Even if there is no guile, there is a great misunderstanding of the fact that it is a genuine painting. Liu's comeback will market value is less than 10000 yuan of calligraphy and painting sold at 450000 yuan at a low price to himself, contrary to the principle of sincere luster, custom oil painting also unfair, we should oppose zhong-xing liu litigation request.
Guo haipeng, who dealt with the drawings and miscellaneous items sent by liu zhongxing, examined and carefully screened the price of paintings. In an value, Liu Fuxing said: "the calligraphy and painting are 'shovel turf yard accept, also in the market to buy some, anyway, I bought it's serious. A guild regulations, we this line is equal to" buy and sell all by eye, false each Ann DongYun.' you are circle daughter-in-law, artificial know park heavy, paintings if you have a look not to understand can have difficulty, don't buy!"
So, "look at the eye" to buy the next string, can the seller refuse to retreat on the grounds of the regulation? The antique reserve business team is hard to tell, who is the risk? From official for the collection of business relating to draw out the reality of the title and statute title problem, every letters patent of oil painting in the future, suzhou city, jiangsu province intermediate court gave his answer to a riddle.
However, because the two sides expected to differ too much, the consultation was fruitless. On October 21, 2014, guo haipeng reported to the police structure that liu zhenxing had been cheated in the book and painting trade. A collection of paintings and miscellaneous pieces commissioned by Mr. Guo from liu's comeback were identified by the public oil painting and oil painting. It is concluded that the value of the collection is only 8150 yuan, and the value of the painting is 7,950 yuan. In calligraphy and painting, the genuine article accounts for about 47 percent. In the college, the most valuable single piece is 400 paintings. In the real article, the most valuable single item is 300 yuan. However, the police layout was thought to have no criminal facts and no record of the alleged fraud.
"If we say no, you will give me a written confirmation." Although feel zhong-xing liu asked a little extreme, but hai-peng guo to oil painting thought for this batch of painting and calligraphy, in accordance with the requirements of liu's comeback, issue a proof, include: today and zhen-xing liu clinch a deal in line with the voluntary a batch of calligraphy and painting, no matter how much value things, the future do not return, every angry will not occur.
When he got to the conclusion, guo felt that he had been tricked into painting. The remaining 250, 000 yuan, though liu's repeated urges, refused to pay.
That's eight thousand dollars
However, guo did not hear the expected praise. Then he repeated his question, and he said, "these are not real words.
The oil painting is not flat
Wuzhong district court after thought, reply to liu hai-peng guo purchase of miscellaneous pieces of calligraphy and painting, though not a written business treaty, but unilateral verbal order price is 450000 yuan, about zhen-xing liu hai-peng guo to request another's help the miscellaneous pieces of calligraphy and painting, hai-peng guo actually pay the local price of 200000 yuan, miscellaneous pieces of canvas painting should confirm the two sides have word trade treaty.
Court thought, painting and calligraphy colorectal cancer high risk and high lineage, a "show off from" too "fake out" established business methods, not approve the calligraphy and painting after clinching a deal at back. However, such a sale should be made in accordance with the relevant fair and good value of the tar painting factory of the relevant justice and integrity of the law of the sea sands and the convention. The subject matter in this case, the two sides traded big local famous calligraphy and painting, such as the original drawing system, the oil painting reproductions market value of each up to hundreds of thousands of yuan cause millions of dollars, and each picture are denominated in tens of thousands of dollars, both sides business substitutes and total prices significantly lower than the market, is a high probability of calligraphy and painting are fake. In terms of sale Fang Liuzhen canvas is popular, the victory in painting business pockets, to sell it to hai-peng guo fountain of painting and calligraphy and the purchase price should be incredibly, for its quality also should be coupled to understand, but in this case, it means less know detailed high winds and purchase price confirmed or indicate the calligraphy and painting, calligraphy and painting pretensions, described its shovel places "paintings such as the environment not can buy. In the case of fang guo haipeng, there should be no civilization, and the hypocrisy of the calligraphy and painting should be measured carefully, and the theory is still being misread. Therefore, we should be able to resist the true artifacts of business. On this basis, the contract is concluded when buying and selling advantages and risk imbalances, obviously is not really turns one just painting shoot her love trading, therefore, should not share "pretensions from" since the old rules. art news The treaty does not apply to the conclusion that liu's composition of rape or guo haipeng is a major misunderstanding. However, the difference between the price of the contract and the actual value of the subject matter is quite different from the actual value, and it should make a significant difference to the buyer's development.
Took a week time, painting thought is not too much money to buy two batches of painting and calligraphy, hai-peng guo think picking up get "leak" more, ten mergers, invite a lot of Tibetan friend to travel.
Hearing the news, guo haipeng has become more interesting and encouraged liu to introduce himself as soon as possible. In liu's introduction, guo and liu are scheduled to repurchase oil paintings on June 28, 2014. Because guo haipeng is more important, liu replied with a batch of calligraphy and a large number of miscellaneous goods delivered to the door.
On September 22, 2014, was zhen-yong liu hai-peng guo about the hands have a lot of ancient calligraphy and painting reproductions, and friendly to introduce, to zhen-yong liu to purchase a batch of calligraphy and painting, business is business price for painting yuan 330000. In the process of business, honesty, and good, feel zhen-yong liu hai-peng guo compare induction he won't lie, and the quality of painting and calligraphy looks good, should not what title, 330000 yuan will be paid to the zhen-yong liu.
See hai-peng guo so straight, and the antique calligraphy and painting therough guide zhen-yong liu said painting recommended to hai-peng guo, his brother liu back his hand, there are many calligraphy and painting, if you have fun, can go and see.
The court shall, in accordance with the principle of fairness and integrity, refer to a small portion of the contract price paid by the parties to the unilateral agreement, and the price of the change contract shall be 200,000 yuan. Given that guo haipeng has actually paid liu back an oil painting of 200, 000 yuan, the case against liu's reply requires that guo haipeng pay a quarter of a million yuan ($42,000) and a late fee. At the same time, he rejected guo's request for the return of 200,000 yuan in the lawsuit.
After the trial, liu moved back to appeal to the city's intermediate court.
Oil painting in the process of trial, hai-peng guo to Liu Fuxing counterclaim, beg for the elimination of court ordered both sides between the buying and selling, liu reply to refund the money paid 200000 yuan; As the court decided that means less eliminate trade pact, application of unilateral trade price for mediation, the change to both sides "two don't come and go" oil painting, which need not to pay the balance back liu 250000 yuan.
Counterclaim against the hai-peng guo, zhong-xing liu argues that he had never promised hai-peng guo painting and calligraphy as the genuine, their express pretensions to hai-peng guo self-abased when trading, both sides show off are equal divers skills of painting and calligraphy, does not have operation best advantage painting circumstances; Calligraphy and painting guidance place exists "business intimidation, hypocrisy from lessons now, trading habits is not allowed after clinching a deal to repentance, we have not lost a fair warning, hai-peng guo of action should be opposed.
Guo haipeng is a company camp. More than a decade ago, he was fascinated by antiques, especially in ancient paintings. To that end, he spent a lot of time, spirit, study of ancient calligraphy and painting, and judge the father loves the scholars refer to cultural relics, accumulated some identifying predictive, become a preserved ancient painting and calligraphy "fever friends". In order to be able to find an ancient Chinese calligraphy and painting, he often took a long time in his spare time, and visited all over the world, and made friends with him. A painting that is found in a painting of an ancient book, even if he does his best, he is not stingy.
Its thought, the original ruling the case involved trading system on the contract price due to show lost a right can transform, business department in accordance with this case the gods, sufficient thought business unilateral errors when conclude a treaty information said, army, and make the oil painting life out error, etc., weighed on both sides of the cognitive ability and strength, in fact recognized and judicial practical when all things. The appeal was rejected and the original sentence was upheld.
At the end of the bargain, the two sides concluded for $450,000. Guo haipeng had only 200,000 yuan in cash, and the leftover money was difficult to raise. Seeing this, liu replied and advised guo haipeng not to buy it all: "a certain amount of money to buy a number of many goods first, the rest of the same as the old one to make up the money to buy again." However, guo haipeng was so iron-minded that he wanted to buy the calligraphy together, and he asked liu to return to the next few days. Liu responded to guo's sincere desire to buy, and agreed to the request of guo haipeng to make money in the first place. Guo haipeng first took 200,000 yuan to revitalize liu, and wrote a $250,000 debit note, agreeing to pay all the bills before the end of November.
An ancient Chinese antique preservation lover spends a lot of money to buy a lot of antique oil painting calligraphy and painting, after the conclusion is mostly lai, the total value is not 10,000 yuan. To this end, the buyer asks the seller for a refund. The seller, however, said that it was the "buyer and seller," which was the owner of the company, which refused the buyer's request. Due to the frustration and harmony, the hanging screen hit the court.
The $450, 000 painting is worth $8,000: the sale should be in line with the principle of honesty and shame
Guo haipeng is unassailable, and he took the calligraphy and painting to find a loser. The composition thinks, the calligraphy and painting is mostly the stars, only the actual trace also is very far from the selling price, guo haipeng listen, the heart is cold half.
Since then, guo haipeng has repeatedly consulted with liu, suggesting that calligraphy and painting are fakes and are not willing to pay the balance. Liu replied that he should not regret his inferiority. But liu also made a concession, saying that it would be possible to pay another 150,000 yuan if the intention was to negotiate the title.
The ancient Chinese painting, which cost about 450,000 yuan, was worth only about 8,000 yuan. To this end, the buyer refused to pay the rest, and the seller asked to follow the rules.
The court hereby determines that the convention in this case is a renewable convention and can respond to the reduction of the price of the convention. The contract price is 450,000 yuan, and the value of the subject matter is 8150 yuan, the difference between the two is very different oil painting, based on the impartial consideration, the price of the treaty should be able to adjust the price on a large scale. Both sides in the buying and selling of calligraphy and painting is not necessarily the amount of life ", as genuine, evaluation value is not high, but hai-peng guo business subject matter whether drunk and clamp down on purchase, by the good faith, also should ZiXi it accordingly.
Buy calligraphy and painting "dozen oil painting eye", can self-identify poor?
In July 2015, because can't receive balance, Liu Fuxing will hai-peng guo appealed to suzhou wuzhong district court, he found the court ordered hai-peng guo jacquard payment of $250000 and late payment interest.
Buy a book
"It's all right. Oil painting should have no title. I want it." Hai-peng guo think this batch of calligraphy and painting quality is good, see liu reply also honest honest, is by no means a light people around, and rewelding yesterday had a deal with zhen-yong liu, he is convinced that this batch of painting and calligraphy when ", has the very high value preservation, immediately decided to buy all.
Suzhou is the perspiration of the Chinese oil painting countries, and the literati have left a lot of ink and the folk. In the city of gusu, liu zhenyong, liu zhenyong and liu zhentao, the three brothers monopolized the area, and they opened their shops. Rely on some of the painting and calligraphy research and sentenced to sleeve workmanship, three brothers made a circle within the appellation of "shovel land" to make a living painting, also is go buy, buy and sell antique calligraphy and painting township list.Therefore, no matter which shoe factory set out, "overcloud building" the oil painting is a capital "good".its painting value? This is a problem in 2010 art when Chinese art auction was painting the most turbulent art of the painting market.