Legal Information

29 2026-9

Who is responsible for accidents involving vehicles operated under the guise of a third-party company?

If a motor vehicle engaged in road transport operations under the guise of a subcontracting relationship gets into an accident, the liabilities attributable to the subcontractor and the contractor shall bear joint and several liability in accordance with Article 1211 of the Civil Code; the injured party may list both of them as defendants in the lawsuit.

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29 2026-9

How is liability determined in the event of an accident during a test drive or trial ride?

According to Article 6 of the judicial interpretation, if the test ride causes damage to the test rider, the party providing the test ride service shall be liable for compensation. If the test drive causes damage to a third party, it shall be handled in accordance with Articles 1209 and 1213 of the Civil Code, with the user and the insurer being responsible in turn. If the test driver is at fault,...

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29 2026-9

Who should compensate if you hit someone while learning to drive at a driving school?

If a trainee causes damage to a vehicle during training, the driving school shall compensate for the damage. According to Article 5 of the Judicial Interpretation on Compensation for Damages in Road Traffic Accidents, the driving training unit shall bear the responsibility. When a coach guides the trainee in the car, it is considered a duty-related act, and the trainee generally does not directly ...

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29 2026-9

Who is responsible if someone gets trapped in an elevator in a shopping mall?

The mall and its maintenance unit shall bear responsibility for the elevator-related injuries in the mall in accordance with the principle of fault liability, and shall fulfill the obligation of ensuring safety in accordance with Article 1198 of the Civil Code; if the injuries are caused by a third party, the mall shall bear supplementary liability, and the injured person shall promptly fix the su...

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29 2026-9

How much does it cost to hire a lawyer for a second-hand housing dispute?

The attorney's fees for second-hand housing disputes are charged in stages based on the number of cases or the amount of the subject matter, with investigation and litigation expenses charged separately. The fee method and the stages of representation must be agreed upon in writing. There are restrictions on contingency fees for marriage and family matters, and clients should be wary of promises o...

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29 2026-9

How to sue if the store rental deposit is not refunded?

If the store rental deposit is not refunded, you can sue for its return by providing the contract, receipt, handover document, and evidence of breach of contract. According to Articles 577, 579, and 566 of the Civil Code, you can claim breach of contract and request a refund. If there is no written contract, you can use WeChat records and other evidence to form a chain of evidence.

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29 2026-9

If there are quality issues with the house, can I check out and get a refund?

If the main structure of the house is unqualified or seriously affects normal living and use, the buyer can withdraw from the contract and claim compensation in accordance with Articles 9 and 10 of the Judicial Interpretation of Disputes over the Sale of Commercial Housing. For general defects, the seller is usually ordered to repair and compensate, while the liability for concealment and disclosu...

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29 2026-9

What should buyers do if the developer abandons the project and halts construction?

The developer who fails to complete the project can request to rescind the sales contract and the loan contract, and according to Articles 20 and 21 of the Judicial Interpretation of Disputes over the Sale of Commercial Housing, the developer shall return the purchase price and repay the loan; the developer can also file a complaint and apply for fund supervision and bailout funds.

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29 2026-9

After marriage, if the parents contribute to buying a house, who will own the property in the event of a divorce?

After marriage, if the parents contribute funds to purchase a house and the house is divided upon divorce, the nature of the contribution and its registration will be taken into account: if it is explicitly stipulated that the contribution is only for the children and registered under the name of one of them, it is considered personal property and will not be divided. Otherwise, it will be presume...

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29 2026-9

If the seller goes missing after you've paid the down payment, should you report the case to the police or file a lawsuit?

After the down payment, if the seller goes missing, it is generally a civil breach of contract, and the buyer should sue the seller and preserve the property. If there is a suspicion of fraud, the buyer can report the case to the police, and the civil and criminal proceedings can be conducted concurrently.

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29 2026-9

Is the pre-marital property still considered personal property if it's sold after marriage and then a new house is purchased?

Before marriage, if the house is sold and then purchased again after marriage, the funds can be traced back and are not commingled. If the house is still registered under the original owner's name, it remains personal property. However, if the funds are commingled or the buyer's name is added to the title, the house may be converted into jointly owned property.

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29 2026-9

If there is a serious delay in the delivery of a new house, can I sue the developer?

The developer's delay in handing over the house constitutes a breach of contract, and the buyer can sue for damages. If the delay results in the failure of the contract's purpose, the buyer can terminate the contract and request a full refund. Note that the grace period and the defense of force majeure should be taken into account in this case.

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29 2026-9

What key evidence is needed to protect one's rights when purchasing a house under someone else's name?

When buying a house under someone else's name and protecting one's rights, the key points are to collect the loan agreement, the proof of the purchase payment, the payment receipts for property renovation, and the evidence of actual residence and the recognition of the celebrity, forming a closed loop.

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29 2026-9

After the company merger, are the labor contracts still valid?

After the company merger, the original labor contract remains valid and shall be performed by the successor unit. If the termination of the contract is illegal due to failure to register or rectification and withdrawal, the employee can claim for the continuation of the contract or compensation.

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29 2026-9

Does the non-compete agreement still count if no compensation is provided?

The non-compete agreement shall be compensated; if no compensation is agreed upon, it shall be paid at 30% of the employee's salary in the 12 months prior to his/her departure. If the employer fails to pay the compensation within three months, the employee may terminate the agreement, and the term of the agreement shall not exceed two years.

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