Legal Information

23 2026-10

How to file a lawsuit for the transfer of property inheritance?

The lawyer explained the path of selecting "first confirming rights and then transferring ownership" for inheritance transfer litigation, including examples of handling cases involving buying a house under someone else's name to avoid estate division and using a house exchange contract to confirm ownership. The explanation was accompanied by a list of evidence and a timeline.

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23 2026-10

When dealing with disputes over the sale and purchase of second-hand houses, which field of law should I consult a lawyer in?

The lawyer explained that for disputes over the sale of second-hand houses, it is advisable to first consult lawyers specializing in real estate transactions and construction projects. The lawyer also provided practical advice on legal fees, case handling procedures, timeframes, and contract prevention measures.

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23 2026-10

Is the contract signed by the spouse without his/her consent valid for selling the house?

The lawyer explained that the sales contract for the unauthorized sale of a jointly owned house is not necessarily invalid, but if the buyer does not constitute bona fide acquisition, the transfer of ownership cannot be completed. The spouse can claim recovery and cite examples of second-instance judgments being overturned for reference.

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23 2026-10

What is the calculation method for the developer's compensation for delayed delivery of the house?

The lawyer explained that the penalty for late delivery of the house is calculated according to the agreed rate of 0.01% to 0.05% per day. If the agreed rate is too low, the buyer can request an increase. In case of serious delays, the buyer can terminate the contract, return the house and get a refund, and the lawyer also provided some case studies to illustrate this point.

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23 2026-10

What procedures are required to inherit a property?

The lawyer outlines three transfer paths and the required materials for inheriting real estate, explaining that legal inheritance is exempt from deed tax, and disputes should be resolved through litigation for title confirmation. He also provides a case study on excluding inherited properties registered under others' names from inheritance proceedings.

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23 2026-10

Is the contract still valid even if the co-owners of the second-hand house do not agree with it?

The lawyer explained that the contract for the jointly-owned house sold by one of the co-owners without authorization is generally valid, but it may not be possible to transfer the ownership. The three requirements for bona fide acquisition determine the ownership of the house. Attached is a case where the second-instance court reversed the judgment and ordered the return of the house.

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23 2026-10

When the place of work and the registered address are different, where should the arbitration be conducted?

The lawyer explained that when the work location and the registered address are inconsistent, both arbitration commissions in the two locations have jurisdiction, and the applications in the two locations are governed by the place of performance. The lawyer also pointed out practical key points such as enforcing the standards of the place of performance.

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23 2026-10

Can I still sue if the arbitration statute of limitations has passed?

The lawyer explained the remedial path after the expiration of the arbitration statute of limitations: if the statute of limitations defense is not actively applied, the special rules of interruption and suspension and arrears in wages during employment can be recovered. The lawyer also handled a case involving economic compensation of more than 290,000 yuan.

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23 2026-10

When does the statute of limitations for arbitration begin to run?

The lawyer explained that the statute of limitations for labor dispute arbitration is one year, starting from the date when the worker knows or should have known that his rights have been infringed. For wage arrears disputes, there are no time restrictions when the worker is still employed, but the disputes must be raised within one year after the worker leaves the job. The lawyer also explained t...

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23 2026-10

Who should compensate for the injuries of workers in family-run workshops?

The lawyer explained the claim path for injuries sustained by unpaid helpers, where the responsibility lies with the person being helped, the principle of offsetting faults, and claims against third parties. He also distinguished between three compensation channels: helpers, hired workers, and work-related injuries.

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23 2026-10

Can shareholders be considered employees when they work at the company?

The lawyer explained that shareholders and employees can coexist, but there must be a genuine labor relationship. The key factors to consider are personal dependency and economic subordination. The lawyer also provided guidance on distinguishing between wages and dividends and emphasized the importance of compliance with relevant regulations.

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23 2026-10

Do on-campus students' internships count as labor relations?

The lawyer explained that part-time work by students on campus is not considered employment, and internships generally do not establish labor relations. Based on the case involving an 84,781.61 yuan wage difference, the lawyer explained the burden of proof for the employer-employee relationship.

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23 2026-10

What is the relationship between migrant workers and contractors?

The lawyer explained that migrant workers and contractors generally have a labor relationship. When the contract is illegally subcontracted, the contracting unit shall bear the responsibility of the employer and the responsibility for work-related injury insurance. The general contractor shall pay off the arrears in wages first.

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23 2026-10

Is the relationship between a nanny and an employer a labor relationship?

The lawyer explained that the distinction criterion between a general labor relationship and an employee-based domestic service relationship is whether the family hires a nanny as an employee, and the compensation path for the nanny's injury is based on the principle of fault sharing in the Civil Code.

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23 2026-10

What's the big deal about learning a trade from a master?

The lawyer clarified the nature of the apprenticeship relationship: if there is paid labor under the management of the unit, it constitutes a labor relationship and can be recognized as a work-related injury; if it is individual skill transfer, it belongs to labor services and the liability shall be shared according to fault, with a one-year time limit for work-related injury identification.

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