Legal Information

29 2026-9

Can I claim compensation from the opposing team if I get injured during a sports competition?

In general, injuries sustained during sports competitions are subject to Article 1176 of the Civil Code, which stipulates that participants voluntarily assume the risk of injury and are not liable for normal confrontations. However, if the injury is caused by the opponent's intentional actions or gross negligence, or if the organizer fails to fulfill their obligation to ensure safety, the liable p...

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29 2026-9

Who should bear the responsibility for the pedestrian being injured by a broken tree branch?

According to Article 1257 of the Civil Code, when trees break and cause injuries, the owner or manager shall bear responsibility unless they can prove that they are not at fault. Strong winds do not necessarily constitute force majeure, and whether the obligation of maintenance has been fulfilled needs to be verified.

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29 2026-9

How to claim compensation if online shopping products cause injuries due to explosions?

For the explosion of online-purchased goods, consumers can claim compensation from the producers or sellers in accordance with Article 1203 of the Civil Code. If the platform fails to provide the seller's information, it shall bear responsibility in accordance with Article 44 of the Consumer Rights and Interests Protection Law. It is recommended to preserve the remnants and conduct a timely apprai...

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29 2026-9

When participating in a DIY hiking trip, should the injured teammate be held responsible?

For injuries sustained during self-guided tours, Article 1176 of the Civil Code generally applies the principle of assuming risks voluntarily, and teammates are not liable if there is no intentional or gross negligence on their part. Organizers who fail to fulfill their obligations to ensure safety are held liable according to Article 1198, and the liability for for-profit activities is even great...

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29 2026-9

Who should compensate for the pedestrian injuries caused by the missing manhole covers?

The management personnel shall be held liable for injuries caused by the missing manhole covers; according to Article 1258 of the Civil Code, if the management personnel cannot prove that they have fulfilled their management duties, they shall be liable for compensation and may claim for medical expenses, etc.

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29 2026-9

What should I do if the landlord withholds the security deposit on the grounds of damage to the house?

The landlord must prove that the tenant is at fault and that the damage exceeds normal wear and tear in order to withhold the security deposit. According to Articles 710, 711, and 733 of the Civil Code, if the tenant is not at fault, the landlord should refund the security deposit in full.

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29 2026-9

What is the success rate of litigation for obtaining ownership rights when purchasing a house under someone else's name?

There is no unified success rate for obtaining ownership rights through purchasing a house under someone else's name, and the outcome depends on the agreement on purchasing the house under someone else's name, the evidence of investment and possession; and the ownership rights are confirmed in accordance with Article 234 of the Civil Code, and the house is returned in accordance with Articles 146 ...

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29 2026-9

What should I do if the seller conceals serious defects in the house?

If the seller conceals major defects, the buyer can claim repair, price reduction, or compensation. In case of a fundamental breach of contract, the buyer can terminate the contract and withdraw from the purchase. The buyer can protect their rights in accordance with Articles 577, 615, and 563 of the Civil Code.

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29 2026-9

Can the person who paid the down payment transfer the house registered under someone else's name back to their own name?

If the down payment is made but registered under someone else's name, the property can be transferred back and the borrowed name agreement and the evidence of the investment can be presented; according to Article 234 of the Civil Code, the ownership shall be confirmed; Article 146 stipulates that the false declaration is invalid; and Article 157 stipulates that the money shall be returned.

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29 2026-9

After the developer goes bankrupt, do the owners still have to pay the mortgage?

The developer's bankruptcy does not directly exempt them from repaying loans; however, when the project is left unfinished, the buyer and the lender's contracts can be terminated according to Article 23 of the judicial interpretation, and the remaining loans shall be repaid by the developer. The owners should declare their creditor's rights.

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29 2026-9

What should I do if I find quality issues when receiving the house?

If the main structure of the house is unqualified or seriously affects living conditions, you can refuse to accept it and request a refund. For general defects, you can request rectification within the warranty period. The key is to inspect the house before accepting it and keep all the relevant evidence throughout the process.

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29 2026-9

What are the special provisions for the inheritance and transfer of housing reformed by the government?

For housing reformed by the government, the inheritance process involves first dividing the property and then inheriting it. Pay attention to the restrictions on listing and the land transfer fees. For properties purchased under someone else's name, the first step is to confirm ownership and exclude them from the estate. Then, the transfer should be completed with a written agreement and proof of ...

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29 2026-9

How is the attorney's fee for real estate disputes calculated?

Real estate lawyers' fees are charged on a per-case basis, as a percentage of the transaction value, or on an hourly basis; risk-based fees are prohibited in marriage and inheritance cases, and the maximum fee is 30%. The fees shall be subject to the written contract.

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29 2026-9

What should I do if the seller refuses to sell the second-hand house after I've paid the deposit?

After receiving the deposit, if the seller fails to deliver the goods, it constitutes a breach of contract. According to Article 587 of the Civil Code, the seller may return the deposit in double and impose a penalty; or the buyer may rescind the contract and claim compensation, the key point being to fix the evidence and file a lawsuit in time.

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29 2026-9

When purchasing a property under someone else's name, how does the court rule on the case involving purchase restrictions?

The agreement to evade purchase restrictions by using someone else's name is generally effective within the contractual parties, but it is difficult to enforce the transfer of ownership. If it involves public housing and other public interests, it can be deemed invalid and handled in accordance with Articles 146 and 209 of the Civil Code.

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