The court will not support interest rates exceeding four times the LPR. The excess amount paid can be offset against the principal. The maximum interest rate shall be four times the one-year LPR at the time of the contract's establishment. It is recommended to calculate the amount and raise objections or claim a refund in a timely manner after verification.
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Whether the guarantor is liable depends on the guarantee method and period: in general, the guarantor has the right of defense against the lawsuit, and the creditor of the joint and several guarantee can directly require the guarantor to repay the debt; if the guarantee period is exceeded, the guarantor will be exempt from liability.
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If the debtor transfers the property to a relative without compensation, which affects the creditor's right to recover the debt, the creditor may request the court to revoke the transfer. According to Article 538 of the Civil Code, the creditor shall exercise the right to revoke the transfer within one year after knowing the grounds for revocation and within five years after the occurrence of the ...
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After the statute of limitations for debts expires, the creditor can still sue, but the debtor can claim a defense and lose the right to win the lawsuit; the debt will not be extinguished, and the voluntary performance cannot request a return. The ordinary statute of limitations is three years, and the maximum is 20 years.
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The promissory note not specifying the repayment date does not affect its validity. It constitutes an indefinite-term loan, and the lender may urge the borrower to repay within a reasonable period. The statute of limitations for litigation begins to run from the expiration of the reasonable period of urging, with a maximum of 20 years.
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Land expropriation and demolition are mostly administrative litigations. According to Article 12 of the Measures for the Administration of Lawyers' Service Fees, risk-based representation is prohibited. In practice, lawyers are often charged based on the government's guidance price or hourly rates. It is recommended to clarify the standard before signing the contract.
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Demolition rights protection lawyers can verify the legality of the expropriation, fix evidence, apply for information disclosure, represent clients in reconsideration and litigation, and participate in negotiations and review of agreements. It is recommended to hire a lawyer as soon as possible to increase the possibility of fair compensation according to the law, and not to believe in the promis...
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If you have any objections to the evaluation of the store, you can apply for a review within ten days. If you are not satisfied with the review result, you can apply for an expert appraisal and, if necessary, file a lawsuit for review. The evaluation agency should be selected through consultation, with a focus on reviewing the use of the property at the specified time and any omitted items. It is ...
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The demolition of a company's factory buildings differs from the compensation for environmental protection-related closures: the demolition includes compensation for land, buildings, and equipment, as well as losses from production shutdowns, while the compensation for closures is limited to appropriate subsidies for legal property losses. It is recommended to first clarify the nature and basis of...
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If you receive a decision on punishment for illegal construction, do not ignore it. You can review the main facts and procedures, and apply for reconsideration or litigation to revoke the decision if the facts are unclear or the procedures are illegal. Forcible demolition must go through the statutory procedures of summoning and announcement. It is recommended to check the basis of the decision an...
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The expropriation of residential plots cannot be arbitrarily refused. However, if the rights holders are not compensated and resettled in accordance with the law, they can refuse to sign the agreement, refuse to move, and appeal or litigate; if there is no use right certificate, it does not necessarily mean that they lose the right to compensation. It is recommended to verify the identity of the m...
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When a company faces demolition, it should verify the scope of the expropriation and the contracting parties, and apply for a review and appraisal of the evaluation objections. According to Article 47 of the Land Management Law, village committees do not have the right to sign compensation agreements, and contracts signed beyond the scope can be claimed as invalid and seek compensation.
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If the compensation for the demolition of the shop cannot be agreed upon, the lawyer can verify the legality of the expropriation, review the appraisal price, and fix the losses caused by the suspension of production and business. Then, the lawyer can use a combination of negotiation, reconsideration, and litigation to exert pressure; and if the appraisal is too low, the lawyer can apply for a rev...
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In the process of land expropriation and demolition, lawyers can apply on behalf of clients for documents such as the approval of public expropriation and compensation agreements, and file for reconsideration or litigation in accordance with Article 33 of the Regulations on Information Disclosure if the government fails to respond. After confirming that the government has failed to perform its dut...
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If you disagree with the determination of illegal construction, you can apply for a reconsideration within 60 days or file a lawsuit to revoke it within six months; the determination must be made by the planning authority and the notification and hearing procedures must be carried out. It is recommended to first verify the subject's qualifications and the facts, and strive to rectify the situation...
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