According to Article 1183 of the Civil Code, if the infringement of personal rights causes serious mental damage, the victim may request compensation. The amount of compensation shall be determined according to the degree of disability, the degree of fault, and local standards, and shall be claimed together with the infringement lawsuit.
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If you are injured at the construction site and haven't signed a contract, you can apply for work-related injury identification after confirming the labor relationship based on your salary, attendance records, and the testimonies of your co-workers. If the contractor illegally subcontracts or subcontracts out the work, the contractor shall bear the responsibility for work-related injuries. Please ...
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According to Articles 1199 to 1201 of the Civil Code, schools apply the presumption of fault or fault liability based on age to injuries suffered by minors on campus, and third parties who infringe on rights shall bear supplementary liability when they fail to fulfill their management duties.
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The compensation for a level-10 disability includes disability compensation, medical expenses, and loss of income, etc. The disability compensation is calculated by multiplying the per capita disposable income of urban residents in the jurisdiction of the court where the case is filed by 20 years and then by a coefficient of 10%.
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The ownership of the house shall be determined according to the order of transfer of ownership, possession, payment, and signing of the contract in the case of selling the same house to two buyers. The buyer who has not obtained the house may rescind the contract, return the down payment, and claim compensation for the loss of the price difference caused by the increase in the house price.
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If some heirs do not sign the agreement or attend the meeting, they can sue to request the division of the estate and order the assisting in the transfer of ownership; after the judgment takes effect, they can apply for compulsory enforcement, and the court will notify the registration authority to handle it.
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If the seller knowingly conceals defects such as water leaks and cracks, the buyer may claim compensation in accordance with Article 617 of the Civil Code, and the contract may be rescinded due to fraud. It is important to note the one-year statute of limitations and the need to preserve evidence.
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Legal heirs generally do not need to pay stamp duty, personal income tax, or value-added tax when transferring ownership; however, gifts from direct relatives require the payment of stamp duty, and the personal income tax on resale will be higher. When comparing tax costs and risks, it is best to choose the most optimal transfer method.
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After the seller signs the contract, if he/she raises the price unilaterally, it constitutes a breach of contract. The buyer can demand that the seller proceed with the transfer of ownership or terminate the contract and claim back the deposit, the breach of contract penalty, and the loss of the price difference. The buyer can protect his/her rights in accordance with Article 577 of the Civil Code...
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If the landlord refuses to return the security deposit, the tenant can issue a written reminder, file a complaint with the housing and urban-rural development department, or sue to claim its return. Normal wear and tear cannot be deducted, and the security deposit must be supported by actual loss proof. For minor cases, online filing is available.
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After purchasing a house under someone else's name, if the transfer is rejected, it is necessary to prove the agreement of purchasing under someone else's name and the actual investment. The buyer can sue to confirm the ownership and order the other party to assist in the transfer. However, it is unlikely that the court will support the practice of purchasing a house under someone else's name to e...
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The developer can claim compensation for the late delivery of the house according to the contract, and if the conditions for termination are met, the buyer can return the house and get a refund. Note the provisions on the grace period, and the defense of force majeure must be reviewed based on the signing date.
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The labor arbitration requires that the arbitration application be submitted within one year, and the arbitration tribunal shall decide to accept the application within five days and complete the review within 45 days, which may be extended for 15 days. If the party is not satisfied with the arbitration award, he/she may file a lawsuit within 15 days, and it is necessary to prepare sufficient evid...
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If an employee refuses to obey management, the employer must determine that the employee has committed a serious disciplinary violation in accordance with the rules and regulations publicly announced through democratic procedures before terminating the employment contract. Any arbitrary dismissal constitutes an illegal termination, and the employee may demand continued performance of the contract ...
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Before making a labor arbitration award, mediation should be conducted first; calculate the statutory compensation standards before setting the bottom line for concessions, and exchange evidence for bargaining chips; the mediation agreement shall take effect upon being signed and received by both parties, and if the other party refuses to perform the agreement, the applicant can directly apply for...
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