After the judgment takes effect, the necessary treatment expenses incurred subsequently may be claimed separately through litigation, which does not violate the principle of "no double prosecution for the same matter". The new medical records and invoices should be preserved and claims should be filed within the statute of limitations.
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The removal of steel plates (removal of internal fixation) is a follow-up treatment expense. In the first-instance trial, it can be adjudicated and paid together with the actual medical expenses based on medical certificates or appraisals, without having to wait until the expenses actually occur before filing a separate lawsuit.
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The subsequent treatment costs are not subject to mandatory appraisal; hospitals can directly claim based on the treatment plan and cost estimate they provide. If the amount is unclear or the other party disputes it, applying for a judicial appraisal can better fix the amount.
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If the cost of the second surgery can be confirmed by medical certificates or appraisals as being inevitable, it can be compensated together in accordance with Article 6 of the Judicial Interpretation on Compensation for Personal Injuries; otherwise, the claimant can file a separate lawsuit after the actual occurrence of the surgery.
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Within the residential community, parking spaces can be agreed to belong to individual owners, but they must first meet the needs of the owners. Parking spaces occupying shared road areas belong to the owners and cannot be sold. Selling parking spaces without renting them out violates the rights of owners, and owners can demand rectification for this violation.
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After paying the deposit for a second-hand house, if it is found that the signatory is not the owner of the property and does not have authorization, it constitutes an unauthorized disposition of the property. According to Article 597 of the Civil Code, the contract can be rescinded and compensation can be claimed; the deposit can be claimed back and the penalty for the deposit can be applied.
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If the garden given by the developer belongs to public green space within the building area, it shall be owned by all the owners according to Article 274 of the Civil Code, and any unauthorized disposition of it shall be invalid. The recipient of the gift may have difficulty in confirming the ownership, and other owners may request the restoration of the original state of the property.
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The developer's promotion of smart home systems that have not been installed constitutes a breach of contract, and according to Article 473 of the Civil Code, it is considered part of the contract. The buyer can demand rectification, price reduction, or compensation, and it is recommended to fix the promotional evidence to protect their rights and interests.
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If the buyer fails to make payment on time, it constitutes a breach of contract and the buyer must continue to perform the contract or pay the breach of contract penalty; if the delay reaches the level of a fundamental breach of contract, the seller may terminate the contract. According to Articles 577 and 563 of the Civil Code, it is recommended to negotiate the payment as soon as possible.
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The slow loan disbursement by the bank results in the buyer's late payment, and the responsibility may not lie with the buyer. If the buyer has applied for and cooperated in a timely manner, they can claim a reduction or exemption from the breach of contract. According to Article 590 of the Civil Code, the party may reduce the liability due to third-party reasons, and the reduction or exemption sh...
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It is unlawful for developers to forcefully collect decoration deposits upon handover of the property, and buyers have the right to refuse to pay them. According to Article 497 of the Civil Code, standardized clauses are invalid. If developers forcibly collect such deposits, buyers can file complaints or lawsuits to demand their return.
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Signing a contract without online signing poses risks to the transaction, but the contract is generally valid. Lack of online signing and pre-registration may easily lead to double sales or seizure of the property. According to Article 215 of the Civil Code, it is necessary to complete the online signing and pre-registration as soon as possible.
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If the seller collects the full payment but refuses to cooperate with the online signing, the buyer may sue to require the seller to continue to perform the contract, complete the online signing within a specified period, or terminate the contract and refund the payment. In accordance with Article 577 of the Civil Code, the buyer may claim breach of contract liability by first sending a written no...
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If the online signing is unilaterally revoked by one party, it does not necessarily extinguish the contractual obligations; if the unauthorized revocation constitutes a breach of contract, the party in compliance with the contract may claim to continue to perform the contract, restore the online signing and transfer of ownership, or request compensation for losses, and handle the breach of contrac...
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When the developer hands over the house, it requires the buyer to pay the deed tax first before taking possession of the house, which lacks a mandatory basis. The deed tax should be paid by the buyer in accordance with the law and is due upon the signing of the contract. The developer has no right to threaten not to hand over the house and refuse to pay the tax, which may constitute a breach of co...
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