The debtor's bankruptcy does not exempt the guarantor from liability, and the creditor may simultaneously declare his claim and assert his rights against the guarantor; if the company has no property to be executed against, the unpaid shareholders' contributions may be accelerated to maturity.
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When the statute of limitations for the main debt expires, the guarantor may assert the defense of the statute of limitations to refuse to assume responsibility and invoke the debtor's defense according to Article 701 of the Civil Code; except for those who, knowing that the statute of limitations has expired, still provide guarantees or promise to perform their obligations.
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Distinguish based on the contract terms: general guarantees typically have the right of defense in litigation, while joint and several guarantees do not; if there is no agreement or the agreement is unclear, it is presumed to be a general guarantee according to the Civil Code, which is different from the original Guaranty Law.
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When multiple guarantors are liable for the same debt, if there is an agreement on the division of liabilities according to their shares, it shall be presumed that they are joint and several guarantors; if there is no such agreement, they shall be jointly and severally liable. The guarantor who has already made the repayment may recover the excess amount from others in accordance with Articles 699...
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During the announcement period, the parties concerned may raise objections to the compensation plan for shantytown renovation and apply for a hearing to modify it. If the compensation plan has been finalized, they may request the revocation of the illegal compensation decision and order the reissuance of the decision, in accordance with Article 48 of the Land Administration Law, to protect their r...
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The signing of the expropriation compensation agreement requires reviewing the subject, the scope and amount of compensation, the payment period, the delivery of the relocation node, and the liability for breach of contract; according to Article 25 of the "Expropriation Regulations", the agreement shall specify the compensation method, amount, payment period, property exchange, relocation period, ...
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When it comes to the expropriation of residential land, hiring a lawyer is very useful in cases of missing ownership, being denied resettlement, or misapplication of the expropriation plan. Lawyers can clarify the membership and inheritance rights, apply for information disclosure, and initiate litigation for review and appeal. According to the Guidelines on the Management of Residential Land Use ...
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The compensation for the demolition of the factory includes the right to use the land, the replacement value of the building, the relocation and installation fees for the equipment, the losses caused by the suspension of production and business operations, and the decoration and ancillary facilities. According to Articles 17 and 23 of the "Regulations on Expropriation", the owners of business prem...
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The demolition appraisal directly determines the amount of compensation. If it is lower than the market price, the appraisal can be reviewed within ten days. According to Articles 19 and 20 of the "Expropriation Regulations", the appraisal institutions are selected by the expropriated persons, and the results can be reviewed and appraised by experts.
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After the forced demolition, the owner should immediately record the scene with video, report the case to the police for keeping a record, make a list of the property, and apply for notarization. According to Articles 27 and 28 of the "Expropriation Regulations", the owner can claim compensation before relocation, and if the forced demolition is illegal, the owner can request the court to confirm ...
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The lack of a complete business license does not necessarily result in the loss of compensation for suspension of production and business operations. The key factors to consider are actual business operations, tax payments, and evidence of ownership. You can refer to the standards of similar areas to claim compensation and strive for fair compensation by completing the necessary procedures in acco...
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For the initial consultation on expropriation compensation, communication is usually free or low-cost. Fees are charged only after a formal entrustment. The entrustment fee is calculated on a per-case basis or as a percentage of the subject matter value. Administrative litigation prohibits contingency fees, and all terms must be clearly specified before signing the contract.
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After the forced demolition, the lawyer can urgently advise the client to call the police to preserve evidence, apply for property and evidence preservation, send a lawyer's letter to stop the illegal act, initiate a lawsuit to confirm the illegality and apply for compensation, and grasp the six-month litigation period.
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When the subject of the forced demolition is unclear, the defendant may be presumed based on the commander, the beneficiary agency, and the subject of the forced demolition; the responsibility may be determined based on the police report, documents, and videos, and if necessary, additional co-defendants may be added to protect their rights.
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When encountering forced demolition during housing renovation, one should first call the police to preserve evidence and keep the acquisition documents. According to Article 27 of the Regulations on Acquisition and Compensation, compensation should be provided before relocation. Lawyers can fix evidence, identify the responsible parties, and pursue rights protection through appeal, litigation, and...
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