Medical compensation for damages is calculated in accordance with Article 1179 of the Civil Code and the judicial interpretation of personal injury compensation, including medical expenses, loss of income, nursing care, and disability compensation, which are subject to the disability rating and local standards.
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If mediation fails, it will certainly delay the lawsuit. The mediation period can constitute an interruption of the statute of limitations. According to the three-year statute of limitations, it is necessary to keep the evidence of the mediation application. After the failure of mediation, you can sue in time.
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There is no mandatory pre-mediation for medical disputes, and patients can directly file lawsuits. According to the "Regulations on the Prevention and Handling of Medical Disputes", patients can choose to proceed with consultation, mediation, and litigation simultaneously, with only a few administrative procedures requiring a complaint to be filed first.
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If the hospital refuses to mediate, it will not affect the patient's right to seek justice. The patient can directly collect evidence such as medical records to file a lawsuit; claim medical damage liability in accordance with Article 1218 of the Civil Code, and pay attention to copying and preserving medical records and appraisal reports.
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The mediation agreement can be applied for judicial confirmation. Once the court rules that it is valid, it will have enforceable force. According to Article 33 of the People's Mediation Law, the two parties shall jointly apply to the basic-level court where the mediation organization is located within 30 days after the agreement takes effect.
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The Medical Mediation Committee is a people's mediation organization. The agreement only becomes enforceable after being confirmed by the judicial authority; court mediation is a form of mediation within litigation, and the mediation agreement becomes enforceable upon its signing. The two have different presiding bodies and legal effects.
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If the house is not completed by the delivery date, it constitutes a delay in delivery, and the buyer can claim breach of contract damages. If the project is suspended for a long time and the contractual purpose is frustrated, the buyer can terminate the contract and withdraw from the purchase. It is recommended to fix the evidence to protect their rights and interests.
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During the delay in handing over the house, if you rent another house, you can request the developer to compensate you for the rent; if there is an agreement on the penalty, you can claim it according to the agreement first. If the compensation is insufficient, you can claim compensation for the actual losses, but you need to prove its reasonableness.
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After paying the subscription fee, if the developer unilaterally raises the price, it constitutes a breach of contract. The subscription agreement has the nature of a reservation and cannot unilaterally raise the price. The deposit can be refunded in double, and the earnest money should be refunded. It is recommended to fix the evidence to protect one's rights and interests.
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The advertised floor area ratio does not match the actual one, and the developer may be in breach of contract and guilty of false advertising. Victims can seek compensation or terminate the contract according to the Civil Code, with the key evidence being the fixed building brochures and planning permits.
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The pre-sale funds must be used exclusively for project construction. If the funds are misappropriated, purchasers can file a complaint with the housing and urban-rural development department and seek accountability. Purchasers can also join forces with homeowners to gather evidence and assert their rights and seek justice in accordance with regulatory measures and contracts.
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The developer intentionally concealed that the land had been mortgaged. The buyer may terminate the contract, return the payment for the house, and request compensation not exceeding twice the amount paid for the house, in accordance with Article 9 of the Judicial Interpretation of the Supreme People's Court on the Sale of Commercial Housing, to protect their rights and interests.
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If the area does not match the contracted one, it shall be handled in accordance with the error ratio: if the absolute value is within 3%, the settlement shall be based on the actual area; if it exceeds 3%, the buyer may either withdraw from the contract or claim a double refund for the excess area, and safeguard their rights in accordance with Article 20 of the "Measures for the Management of Com...
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The earnest money is not the same as the deposit, and it is usually refundable. If it is deemed as a deposit, the penalty for breach of contract shall apply. According to Article 587 of the Civil Code and the judicial interpretation on the sale of commercial housing, it can be determined whether it can be refunded.
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The completion acceptance filing requires a filing form, an acceptance report, planning documents approved by fire and environmental protection authorities, and a quality warranty book, etc. According to Article 49 of the "Regulations on Quality Management of Construction Projects", the filing should be submitted within 15 days after the acceptance is qualified.
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