The interest for late performance includes the general debt interest and the doubled debt interest. The latter is calculated based on the unpaid monetary debt multiplied by 1.75 per ten thousand per day, starting from the date when the performance period expires until the date when the performance is completed.
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The applicant for enforcement shall submit a written application to the court to issue a reward announcement, stating the amount of the reward or the method of calculation, etc. The court shall decide whether to grant the application within 10 days.
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The creditor may freeze the creditor's rights and notify the secondary debtor to perform the obligation to the applicant for enforcement; if the secondary debtor raises an objection within the statutory time limit, the enforcement shall not be carried out, and the secondary debtor may file a subrogation lawsuit separately.
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If the court fails to enforce the judgment for a long time, the party concerned may file an objection to enforcement, apply to the higher court for enforcement, or apply for procuratorial supervision; for specific property with clear clues, the court shall investigate and verify it within 7 days.
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Article 263 of the Civil Procedure Law stipulates five circumstances in which the execution of a judgment should be suspended; suspension is a temporary measure rather than a final one. After the circumstances giving rise to the suspension disappear, the applicant may apply to resume the execution. Seized and frozen property must be renewed in a timely manner.
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The hearing is not mandatory, but it is more secure to have a lawyer represent you when there are disputes over the legality of the compensation standards. According to Article 47 of the Land Administration Law, a hearing should be organized, and the announcement period should be no less than 30 days. If the deadline is exceeded, the case can be reviewed and sued for.
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You can report illegal demolitions to the police. According to Article 21 of the People's Police Law of the People's Republic of China, the public security organ shall promptly investigate and handle the cases reported by the police, and immediately dispatch police officers to deal with violent demolitions and damage to property. If the police refuse to accept the report, you can request a written...
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To obtain higher compensation, one should follow legal procedures: verify the expropriation process and appraisal, check the statutory compensation items, exercise the right to choose the compensation method, grasp the ten-day review period and sixty-day reconsideration period, and the six-month litigation time limit. If the compensation decision lacks sufficient evidence, one can request it to be...
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The compensation for the shantytown renovation includes: the value of the house (not less than the price of similar real estate in the market) + relocation and temporary resettlement fees + losses from production and business suspension + decoration accessories and incentives; for collective land, it is calculated based on the comprehensive land price of the area and the replacement price of resid...
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The earlier a lawyer specializing in expropriation compensation gets involved, the more beneficial it will be: in the pre-announcement and investigation stages, evidence can be fixed; in the stage of publicizing and evaluating the compensation plan, objections can be raised; within ten days, a review can be applied for; and after the compensation decision is made, remedies can still be sought with...
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The loss of business operation is a statutory compensation item. According to Articles 17 and 23 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", the compensation shall be calculated based on the profitability before the suspension of business and the duration of the suspension. If the applicant disagrees with the evaluation conclusion, he/she shall apply for...
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The compensation negotiation involves evaluating the appraisal standards, statutory compensation items, and agreement terms. Lawyers can verify the appraisal, fix the evidence, and grasp the deadlines for review and litigation. Whether to hire a lawyer depends on the complexity of the dispute and one's own negotiation skills.
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If the notice of demolition of illegal buildings has a real impact on rights and obligations, it can generally be sued; the statute of limitations for suing is generally within six months from the date of knowing it, and it is necessary to verify whether the legal procedures such as the subject of the decision, the basis for the determination, and the announcement and notice are legal.
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The absence of a building permit does not necessarily mean that it is an unauthorized construction. Unlicensed buildings that have existed historically should be identified based on their construction dates, the policies in effect at the time, and their actual use. If a building is not deemed an illegal structure, it should be compensated in accordance with Article 17 of the "Regulations on the Ac...
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When an enterprise suspends production or business operations, it can claim compensation for losses due to production and business suspension, the value of the premises, relocation and temporary resettlement, and losses from the relocation of equipment and materials, etc. According to Articles 17 and 23 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", the com...
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