The lawyer explained four legal ways to obtain the other party's bank transaction records: court investigation, lawyer's investigation order, order to produce documentary evidence, and property preservation, including the right of revocation and the liability for refusing to execute the judgment.
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The lawyer explained the entire process of entrusting an agent for civil litigation: signing a contract, issuing a power of attorney, filing a case and providing evidence, attending court hearings, appealing and executing the judgment, including key time limits such as the 15-day appeal period.
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The lawyer explained the key points of the investors' lawsuit against the false financial reporting: the preliminary procedures have been cancelled, jurisdiction and statute of limitations, evidence list, loss calculation, and the scope of joint and several liability subjects.
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The lawyer explained the conditions for determining compensation for stock price manipulation: According to Article 55 of the Securities Law, it is necessary to satisfy the manipulative behavior, the loss and the causality. The punishment decision is an important basis, which includes the statute of limitations and the claim path.
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The lawyer explained the consequences of being investigated for insider trading: confiscation of illegal gains and a fine of one to ten times the amount, and in serious cases, the offender may face up to ten years in prison in accordance with Article 180 of the Criminal Law.
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The lawyer explains the conditions for refunds for franchise losses: It's difficult to get a refund for simple losses. However, if the contract is terminated during the cooling-off period, or if there are defects in information disclosure or fraudulent acts, the franchisee can claim a refund and terminate the contract.
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The lawyer analyzes the ownership of software developed under a contract: If there is an agreement, the ownership shall be determined by the agreement; if there is no agreement, the copyright shall belong to the entrusted party. Paying the fee does not mean obtaining the copyright, and the contract must clearly specify the ownership and the delivery of the source code.
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The lawyer explained the rules for revoking a contract signed under fraudulent circumstances: the claim must be made within one year after discovering the deception, and the statute of limitations cannot be suspended or interrupted. After revoking the contract, the party may request the return of the contract and compensation for damages.
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The lawyer explains the rules for rescinding a contract due to a major misunderstanding: within the 90-day exclusionary period, a request for rescission can be filed, and after the rescission, the parties shall return the property to each other, and the party at fault shall compensate for the losses.
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The lawyer explained that the penalty clause remains valid after the contract is terminated: Articles 566 and 567 of the Civil Code support claiming the penalty after the contract is terminated due to breach of contract, and the excessive penalty can be adjusted according to Article 585. Attached is a case of arbitration undertaken by the lawyer.
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The lawyer explained that the right of rescission is subject to the statute of limitations: if there is no agreement, it will be extinguished if it is not exercised within one year after knowing the grounds for rescission; if it is not exercised within a reasonable period after the other party's prompting, it will also be extinguished; and if it is not exercised within the time limit, the party in...
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The lawyer explained that if the quality of the commissioned goods is not up to standard, the client can claim for repair, rework, reduction of compensation, or damages according to Article 781 of the Civil Code. Please note the three-year statute of limitations and the quality objection period, and attach a list of evidence.
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The lawyer explained the feasible boundaries of online legal services: Article 16 of the Civil Procedure Law recognizes the effectiveness of online litigation, and the Electronic Signature Law recognizes reliable electronic signatures. Online consultation and signing require standardized operations.
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The lawyer explained that family legal consultants can provide advice and planning on child support and the protection of minors' rights, as well as litigation representation services. The Civil Code handles custody disputes in accordance with the principle of acting in the best interests of minor children.
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The lawyer explained the approach of corporate criminal legal advisors in dealing with criminal crises: procedural guidance, coordinated defense, responding to the 37-day window before approval of arrest, compliance rectification, and lenient strategies for pleading guilty and accepting punishment.
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