Chen, Pi Sues The Chongqing A Property Development Limited Company, Xia, Chongqing B Sets At Industry The Limited Company Contract Dispute Case Analysis

The case of Chen Quan and Pi Zhiyong vs. Xia Changyun, O Kang limited company andBI Bo limited company is a typical case of malicious collusion to damage the interests of athird party. This case focus on this whether Xia Changyun and O Kang limited companydirectly intent to damage the interests of Chen Quan and Pi Zhiyong and whether Chen Quanand Pi Zhiyong have plaintiff Qualification. Elements of malicious collusion includesubjective intent, damage behavior and result of damage, which can be acted as the standardused by judges to identify malicious collusion behavior. Proper Party must be these on whoare eligible to parties according to procedural law and are relation with sake in the case.Identification of the nature of the civil contract should be involved in the contract rights andobligations as a standard of judgment. The necessary linkages that should exist between theevidence and facts need to be proved.