There is no unified national standard for lawyers' mediation fees. They are charged on a per-case basis, as a percentage of the litigation amount, or on an hourly basis, and are subject to the "Measures for the Administration of Lawyers' Service Fees". Discounts can be negotiated.
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For class-action lawsuits against unfinished buildings, it is advisable to select a team that is familiar with mass real estate disputes and has experience in terminating contracts and stopping payments. It is important to consider their professional competence, qualifications, and transparent fee structures, and to be cautious of false promises of guaranteed victories in litigation.
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Upon receiving the decision on demolition within a specified timeframe, the party concerned shall immediately file for reconsideration within 60 days or initiate legal proceedings within six months, and verify the procedures and the legality of the decision. The execution of the decision shall not be suspended during the reconsideration or litigation process, but there are exceptions. Failure to c...
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The bank recommended high-risk products, which caused losses. If it failed to fulfill its obligations of suitability and disclosure, it should compensate for the losses. According to the "Nine Civil Cases", the selling institution should bear responsibility for its faults, and the principal losses can be claimed as compensation.
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Can investors seek compensation from banks for financial losses, and does the bank fulfill its obligations of due diligence and disclosure? According to the "Nine Civil Cases", the seller's institution should bear responsibility for its faults, and investors can claim compensation for the loss of principal.
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It is a sales misleading for deposits to be converted into insurance, and banks have the obligation to ensure appropriateness and provide clear explanations. If depositors sign insurance contracts due to major misunderstandings, they can request to revoke the contracts and refund the premiums. It is recommended to keep the audio evidence and file complaints or lawsuits in a timely manner.
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A contract concluded due to a major misunderstanding may be revoked in accordance with Article 147 of the Civil Code, provided that it can be proven that there are substantial errors regarding the nature of the act, the subject matter, etc., and that these errors have caused significant losses; the right of revocation shall be exercised within 90 days from the date on which the party knows or shou...
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If the contract is grossly unfair, it can be revoked in accordance with Article 151 of the Civil Code. It is necessary to prove that one party takes advantage of the other party's being in a critical situation or lacking the ability to make judgments, resulting in an obvious imbalance of rights and obligations; and the right of revocation should be exercised within one year from the date when the ...
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The oppressive clauses are not automatically invalid. Those that meet the circumstances of Article 497 of the Civil Code should be deemed invalid; the counterpart who has not been informed or explained may claim not to incorporate the clauses into the contract, and the outcome still depends on the content of the clauses and the evidence provided.
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Standard contract terms are not necessarily invalid. According to Articles 496 and 497 of the Civil Code, any clauses that unreasonably exempt the provider from liability, increase their responsibilities, or exclude major rights are invalid. If the provider fails to fulfill their obligation to provide adequate explanations and instructions, the consumer may request that such clauses not be include...
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For an electronic contract to be valid, the subject must be authentic, the intention must be consistent, and the electronic signature must be reliable. According to Article 469 of the Civil Code and the Electronic Signature Law, data messages are deemed to be in writing.
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Faxed contracts are generally valid, and data messages constitute a statutory written form. According to Article 469 of the Civil Code, data messages such as faxes can be considered written, the key point being the confirmation of identity and content.
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If there are any mistakes in the contract, they can be corrected, but both parties must confirm it. Unilateral corrections do not bind the other party. According to Article 543 of the Civil Code, amendments require the consent of both parties and the preservation of documentary evidence.
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The contract is generally valid even if it is not signed but stamped with the official seal, as the official seal represents the legal person's intention to express his/her will. According to Article 490 of the Civil Code, either stamping or signing can make the contract effective, but the key point is whether the stamping is genuine.
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A well-known trademark can be protected across categories, and it is prohibited to imitate a registered well-known trademark in a way that causes confusion, and compensation can be sought. According to Articles 13 and 14 of the Trademark Law, enterprises should promptly secure evidence and protect their rights.
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