If the promissory note does not stipulate the guarantee method, it shall be presumed to be a general guarantee according to Article 686 of the Civil Code, and the guarantor shall enjoy the right of first-instance defense; the creditor shall first claim against the debtor and enforce the claim by compulsory means.
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After the guarantor repays the loan, he/she may, within the scope of his/her obligations, recover the principal, interest, and necessary expenses from the borrower; he/she may obtain enforceability through mediation and judicial confirmation, and directly apply for enforcement against the other party if the other party breaches the contract.
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Whether signing a promissory note alone constitutes a guarantee depends on the position of the signature and the intention of the signer. Generally, signing in the "Guarantor" section constitutes a guarantee, while signing in a blank area poses extremely high risks and should be avoided at all costs.
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Compound interest is not always unsupported: The maximum interest rate for private lending is four times the one-year LPR at the time of the contract's establishment. The court will not support the part of the compound interest that exceeds the standard, and the total principal and interest will be capped at the maximum amount calculated based on the initial principal.
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If you are not satisfied with the decision on compensation for housing expropriation, you can apply for administrative reconsideration within 60 days or file an administrative lawsuit within 6 months; if you fail to seek legal remedies or move out within the time limit, the court may enforce the decision by force. It is recommended that you consult a lawyer as soon as possible.
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The compensation for the demolition of factories usually includes seven categories: the value of the house, land compensation, losses from production and business suspension, relocation and temporary resettlement fees, decoration of ancillary facilities, employee resettlement compensation, and incentive subsidies. The specific details shall be subject to the local expropriation and compensation pl...
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Land expropriation compensation lawyers cannot guarantee an increase in the compensation amount, but they can strive for the compensation they deserve through legal channels such as procedural review, evaluation review, negotiation, and litigation for reconsideration. The specific amount of compensation depends on the evidence and local standards.
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The key to whether children whose household registration has been transferred can be resettled lies in the identification of their membership in the collective economic organization and the local resettlement plan; the expropriation of state-owned land is based on the ownership of the house, which is basically unrelated to household registration. If the applicant disagrees with the identification ...
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The compensation for the expropriation of houses on state-owned land includes the value of the house, the relocation fee, the temporary resettlement fee, and the loss of production and business suspension. The value of the house shall be appraised according to the similar real estate market price on the date of the announcement of the expropriation decision. If there are any objections to the appr...
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The legality of the transformation of shantytowns can be verified from four aspects: project approval, planning permission, land expropriation approval, and compensation plan. If dissatisfied with the expropriation decision, one can apply for a reconsideration within 60 days, and the government should respond to the request for information disclosure within 20 working days.
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For the initial consultation on demolition rights protection, most of them are limited-time free preliminary communication. For completely free channels, you can call the 12348 hotline or apply for legal aid; risk-sharing fees are prohibited in administrative litigation cases.
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If you are not satisfied with the compensation and resettlement plan, you should submit your written opinions within the announcement period, which shall be no less than 30 days. If the majority of people have objections, they can apply for a hearing. If you are not satisfied with the decision, you can request a reconsideration within 60 days or file a lawsuit within 6 months.
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For the hearing on compensation for expropriation, three types of materials should be prepared: objections to the compensation plan item by item, doubts about the evaluation report, and proof of ownership and operation. It is important to apply for a review within 10 days after receiving the evaluation report.
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Signing an agreement does not mean that demolitions can be carried out at will. If the compensation is not in place or the demolition is carried out without going through the legal procedures, it can be confirmed as illegal and the applicant can apply for state compensation. Please note the 6-month statute of limitations for filing a lawsuit and the 2-year statute of limitations for claiming compe...
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The compensation for the demolition of shops includes the value of the house, relocation fees, temporary resettlement fees, losses from production and business suspension, and decoration equipment. If you have any objections to the assessment report, you should apply for a review within 10 days from the date of receipt.
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