If someone gets drunk and falls at a party, and the organizers and fellow drinkers fail to fulfill their obligations to remind and escort them, they may be held liable. According to Articles 1165 and 1173 of the Civil Code, compensation should be made based on the proportion of fault. It is recommended to fix evidence to clarify responsibilities.
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The pet dog owner or manager shall bear responsibility for the dog biting a passer-by without any fault on their part; the owner or manager shall not be exempted from liability if the dog is not kept on a leash or if the dog is a dangerous breed; and the owner or manager shall compensate for the medical expenses, etc.
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In the process of property division, lawyers can use court investigation orders and preservation measures to investigate and locate hidden deposits and real estate; according to the Civil Code, the party who conceals the assets may receive a smaller share or no share at all.
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The risk of buying a house under someone else's name is high, as the nominal owner may regret selling the property, use it as collateral, or be involved in debt disputes; signing a written agreement and keeping evidence of the investment and ownership can help prevent such risks.
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In principle, the funds contributed by children registered under their parents' names belong to the parents' property; gifts are considered as inheritance and shall be jointly inherited by siblings; and there are legal provisions to safeguard the rights of those who contribute funds under others' names.
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The lawsuit demands the forced transfer of ownership. If the contract is valid and the house is free from defects, the court will order the defendant to continue to perform the contract; if the contract is invalid or the house is sealed up, the defendant shall return the house and compensate for the losses.
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The litigation process for unpaid project payments typically takes six months for the first instance and three months for summary proceedings, often extended to about a year due to cost appraisals. To assert the right of priority compensation under Article 807 of the Civil Code, it is recommended to apply for property preservation simultaneously.
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After the seller signs the contract, raising the price temporarily is a breach of contract. The buyer can refuse to accept it and demand the seller to continue to perform the contract or terminate the contract and claim compensation; and claim the breach of contract damages and the loss of the price difference according to Articles 577 and 584 of the Civil Code.
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When a celebrity reneges on a promise to buy a house under a relative's name, the investor may, based on the investment certificate, the agreement on purchasing the house under the relative's name, and the evidence of actual control and use, claim ownership or transfer of ownership in accordance with Article 209 of the Civil Code, thus circumventing the effectiveness of the policy's purpose, which...
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If the buyer fails to make payment on time, the seller may send a letter to remind them and claim breach of contract damages or rescind the contract in accordance with Articles 563 and 577 of the Civil Code; if the buyer still fails to fulfill their obligations within a reasonable period after being reminded, the seller may exercise the statutory right of rescission and claim compensation.
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The claim for the delay in the construction period shall be limited to the actual losses, including the costs of idle time and the contractual penalty. According to Articles 577 and 584 of the Civil Code, the claimant needs to provide fixed evidence such as visas and construction logs to support the claim.
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The seller's failure to cooperate with the transfer of ownership constitutes a dispute over the contract of sale of the house rather than a dispute over property rights. The contractual creditor's rights still exist, and the buyer can sue for the seller to continue with the transfer or seek compensation for breach of contract. It is recommended to first verify the ownership and the existence of an...
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After the lease contract is terminated, the lessor can still recover the unpaid rent. According to the Civil Code, if the lessee fails to pay the rent, the lessor can terminate the contract and claim the unpaid rent and the return of the leased property. It is recommended to sue for recovery.
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The compensation for employees leaking trade secrets is determined based on the actual losses or the profits gained from the infringement. If it's difficult to determine the compensation, the court will award no more than 5 million yuan, including reasonable expenses; in addition, it involves compensation for breach of confidentiality and non-competition agreements.
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The compensation for illegal termination of employment shall be paid at a rate of two times the economic compensation, that is, 2N. The economic compensation shall be paid at a rate of one month's salary for each year of service; for high-income individuals, the maximum compensation shall be three times the salary, and they may also claim to continue to perform the contract.
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