Recently, the topic that Porsche can buy Panameira for 124,000 yuan has aroused heated discussions.
It is reported that this may be a problem caused by the official mini program vulnerability, which was officially removed after the link generated 598 reservations.
Previously, Porsche staff said: "The actual inventory of the vehicle on the shelf of the Porsche Mini Program is 1 unit, and after the first user successfully purchases, the user who places the subsequent order will automatically determine that the order is invalid and the deposit will be returned within 48 hours." ”
At the same time, it was also revealed that an agreement has been reached with the first single user, and the specific content of the agreement is not convenient to disclose for the time being.
In this regard, many netizens are very puzzling, those who placed orders have paid, which is equivalent to having generated a contract, so if Porsche does not give delivery of goods is legal and compliant?
According to Red Star Capital Bureau, some lawyers said that this operation can be regarded as a major misunderstanding, which refers to the fact that one party entered into a contract due to its own fault and misunderstanding the content of the contract.
Misunderstandings directly affect the rights and obligations of the parties. Misunderstandings can be either unilateral or two-sided.
Article 147 of the Civil Code stipulates that the perpetrator has the right to request the people's court or arbitration institution to revoke a civil legal act based on a major misunderstanding. Paragraph 1 of Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China stipulates that if the actor has a misunderstanding of the nature of the act, the variety, quality, specification, price, quantity, etc. of the other party or the subject matter, and it is generally understood that if such misunderstanding does not occur, the actor will not make a corresponding expression of intention, the people's court may determine that it is a material misunderstanding provided for in Article 147 of the Civil Code.
In other words, if the price of 124,000 yuan is indeed wrong, Porsche has the right to withdraw from the contract.
In addition, 911 yuan is a deposit rather than a deposit, which is currently not stipulated by clear law and is generally regarded as an advance payment in trial practice.
The advance payment does not have the function of securing the performance of the obligation, nor does it prove the formation of the contract.