Personal bankruptcy can only be used to clear debts in pilot areas in accordance with the "Regulations on Personal Bankruptcy in Shenzhen Special Economic Zone", and the debtors must honestly declare their property and pass the probation period. For non-pilot areas, the debtors shall be dealt with in accordance with the implementation rules.
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The intermediary's remuneration shall be in accordance with the agreement; if the intermediary fails to facilitate the conclusion of the contract, he shall not request remuneration, but may only claim necessary expenses. If the agreement is unclear, the remuneration shall be determined reasonably according to the nature of the service, and if it is obviously unfair, it may be adjusted.
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The gift contract cannot be revoked at will. It can be revoked before the transfer of property, except for gifts of a notarized or public-interest moral nature. After the transfer of ownership, the contract must be revoked in accordance with the statutory grounds specified in Article 663 of the Civil Code.
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The contractual claims that can be used as investment must be genuine, legal, transferable, and evaluated for their value. According to Article 48 of the Company Law, if the valuation is inaccurate, the investor will be liable for making up the difference. It is recommended to verify the enforceability of the investment.
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At the same time, in accordance with Article 525 of the Civil Code, if the parties have mutual debts without a specific order of priority, one party may refuse to perform its obligations; it must have performed or be prepared to perform its obligations, and the other party has failed to perform its obligations. Any abuse of this right will constitute a breach of contract.
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The risk of damage or loss of the subject matter of the transaction generally transfers with the delivery. Before delivery, the seller bears the risk, and after delivery, the buyer bears the risk, subject to any contractual or statutory exceptions, in accordance with Article 604 of the Civil Code.
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The contractual fault is established when a party breaches the principle of good faith in the negotiation and causes the other party to suffer losses in terms of trust interests. Such acts include malicious negotiation and concealment of important facts, etc. According to Articles 500 and 501 of the Civil Code, the party at fault shall bear compensation liability.
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After the contract is rescinded, according to Article 157 of the Civil Code, the parties shall return the property to each other. If it is impossible to return the property, the party at fault shall compensate for the losses. The right of rescission must be exercised within the preclusive period.
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In the case of a "yin-yang contract", the price terms of the "yang contract" that are fictitiously set to avoid taxes are invalid due to their false intent and violation of mandatory regulations; the actual transaction is performed according to the "yin contract" and taxes are paid based on the actual situation, in accordance with Articles 146 and 153 of the Civil Code.
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If registering a celebrity's name as a trademark infringes on the prior right to use the name or is a malicious attempt to register a trademark that affects others, it should not be registered according to law. The trademark can be challenged or declared invalid, and the rights and interests can be protected in accordance with Articles 13, 32, and 44 of the Trademark Law.
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If a trademark is subject to an objection, a response must be submitted within a three-month response period. Evidence should be provided to demonstrate that the trademarks are not similar or likely to cause confusion, and that the trademarks are being used in good faith. If necessary, a lawyer should be engaged to assist with the process.
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Generally, the copyright of official works belongs to the author, and the unit has the priority to use them. For special official works, the author is only listed as the author, and the rest of the rights belong to the unit, with the contract stipulating the priority of use.
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The design patent and copyright can simultaneously protect the appearance of the same product. The patent protects industrial applications, while the copyright protects original expressions. The two are parallel and complementary to each other.
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The conflict between an enterprise's trade name and another person's registered trademark does not necessarily constitute infringement. The key lies in whether it is likely to cause confusion or exploit the goodwill of others. The parties may negotiate coexistence, file an objection or request a declaration of invalidation, and seek legal protection through litigation.
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For claims arising from injuries sustained during cupping and scraping therapy, it is necessary to prove the institution's fault and the causality of the damage. According to the Tort Liability Chapter of the Civil Code, compensation can be requested. It is essential to promptly secure medical records, surveillance footage, and payment records, and to apply for an appraisal.
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