High-net-worth families can make advance arrangements through wills, family trusts, and marital property agreements to clarify the ownership and distribution of assets, reduce the risk of children competing for inheritance, and plan according to the Civil Code and Trust Law.
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After the enterprise is shut down by the environmental protection authorities, if it meets the standards through rectification and fulfills the punishment decision, it may apply for resumption of production according to law; if it disagrees with the decision to shut down, it may file for reconsideration or litigation within the statutory time limit.
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When an administrative organ receives an application for disclosure of government information, it shall respond within the prescribed time limit. If the response can be determined within 20 working days, the time limit may be extended by 20 days; failure to respond within the time limit shall be deemed illegal, and the applicant may file for administrative reconsideration or initiate legal proceed...
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In the car loan, the creditor is not allowed to tow the car without authorization. The realization of the mortgage right requires consultation or court procedures; unauthorized towing may be illegal, and the car owner can report the case to the police and sue for the return of the car.
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Financial leasing companies must undergo regulatory approval and be included in the regulatory list. The list can be checked on the official website of the local financial regulatory department. They are not allowed to engage in financial leasing business without authorization.
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If there are quality issues with the leased property, the lessee cannot simply refuse to pay the full rent. Instead, they can reduce the rent for the defective part or suspend payment, and handle the matter in accordance with Articles 708 and 713 of the Civil Code.
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A contract that violates public order and good morals is invalid according to Article 153 of the Civil Code, and is not binding from the beginning. The property obtained should be returned, and the party at fault shall compensate the other party for the losses.
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Contracts that conceal illegal purposes in a legal form are legally invalid. Articles 153 and 146 of the Civil Code deny their validity. After the contract is deemed invalid, the parties involved must return the property and compensate for the losses.
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The contract signed when the other party is in distress is deemed to be grossly unfair. The injured party may request its rescission in accordance with Article 151 of the Civil Code, and such a request must be made within one year of becoming aware of the grounds for rescission.
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In a conditional contract, if one party maliciously causes the condition to be fulfilled, it shall be deemed that the condition has not been fulfilled according to law, and the other party may refuse to perform the contract and claim compensation, which shall be dealt with in accordance with Article 159 of the Civil Code.
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After the contract is rescinded, the legal consequences are the same as those of its invalidation: according to Article 157 of the Civil Code, the parties shall return the property, make compensation in the form of a discount, and pay damages for faults; and the right of rescission must be exercised within the statutory time limit.
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After the contract is deemed invalid, according to Article 157 of the Civil Code, the parties shall return the property to each other, and if it cannot be returned, the party at fault shall compensate the other party for the losses. Each party shall bear responsibility for its own fault.
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Whether it's a violation of rights for an employee to take away a client list depends on whether the list constitutes a trade secret. If it meets the three criteria, the employee can be held accountable according to Article 9 of the Anti-Unfair Competition Law; otherwise, it will be difficult to determine liability.
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A contract signed by a person with no capacity for civil conduct is void from the outset according to Article 144 of the Civil Code, and the legal representative may refuse to ratify it. The consequences shall be to return the property and compensate for the losses according to Article 157.
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If a name is registered as a trademark, and if the registrant acts maliciously and the name has gained popularity, the owner can request its invalidation in accordance with Articles 32, 44, and 45 of the Trademark Law; however, it is more difficult to invalidate a common name.
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