Upon notice from the court, if the appraiser refuses to appear in court to give evidence without a valid reason, the appraisal opinion shall not be used as the basis for determining the facts, and the appraisal fees already paid may be requested to be refunded; the parties have the right to request the appraiser to appear in court.
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The process of initiating a lawsuit by a unilateral pre-litigation commission is quick, but the probative force of the evidence is limited. Applying for a court-commissioned investigation during the litigation process is more reliable and has a higher credibility. It is recommended to first seal the medical records, and if no agreement can be reached, then apply for a court-commissioned investigat...
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When multiple appraisal conclusions conflict with each other, the court shall conduct a comprehensive review based on the qualifications, procedures, and sufficiency of the basis, and shall not take the latest one as the standard. A re-appraisal must comply with the statutory circumstances, and the parties may apply for the appraiser to appear in court for cross-examination.
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When the appraisal fails to reach a conclusion, the court shall make a judgment based on the existing evidence, the burden of proof, and medical treatment standards; if there are objections to the cause of death, an autopsy shall be conducted within 48 hours, and if the medical records violate regulations, the hospital may be presumed to be at fault.
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When the appraisal opinion conflicts with the medical records, the court shall review and judge it based on the evidence of the whole case; if the medical records are concealed, forged or tampered with, it can be presumed that the hospital is at fault. The patient's party may apply for a document appraisal and seal the medical records to fix the evidence.
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If the party concerned has objections to the appraisal opinion, he/she may request the appraiser to appear in court to testify. The opinion that refuses to appear in court shall not be used as the basis for determining the facts; he/she may also raise written objections and request a re-appraisal.
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Generally, owners cannot refuse to pay property management fees if the property services are not provided as agreed. Owners who have received the agreed services should pay the fees. If the service provider seriously breaches the contract, owners may claim a reduction in fees or compensation separately, and refuse to pay the fees or bear the breach of contract penalties.
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If a property owner fails to pay the property management fees for a long time, the property management company may issue a notice to the owner and then sue or apply for arbitration to recover the arrears. The statute of limitations for property management fees is three years, and the owner may also be required to pay a breach of contract penalty and legal fees if they refuse to pay.
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The lessee shall expressly indicate his intention to purchase within 15 days after receiving the notice of sale, and any delay shall be deemed as a waiver; if the lessor fails to give notice, the lessee may request compensation in accordance with Articles 726 and 728 of the Civil Code.
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If the lessee carries out unauthorized renovations, the lessor may, in accordance with Article 715 of the Civil Code, request the lessee to restore the original state or compensate for the losses; it is recommended to fix the evidence before and after the renovation and assert the rights within the three-year statute of limitations.
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After the collapse of long-term rental apartments, landlords will reclaim the properties. First, they need to clarify the relationship between leasing and subleasing. If the subleasing is approved and the tenants pay according to the contract, they have the right to continue living or claim a refund for the remaining amount.
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Upon the expiration of the lease, the tenant shall settle all outstanding fees, conduct a joint inspection of the property, and return the security deposit. Any deductions shall be limited to those specified in the contract and losses that should be compensated according to the law. Normal wear and tear shall be borne by the lessor.
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If the group rental housing is investigated and the contract cannot be performed, the tenants can terminate the contract and claim the refund of the deposit and the remaining rent. The responsibility for illegal group renting shall be borne mainly by the organizers and operators.
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When selling rural houses to villagers, the seller must meet the following requirements: they must be members of the same collective, have a written contract, and the sale must be recorded by the village collective and registered for transfer. The registration authority generally completes the process within 30 working days after accepting the application.
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If the developer makes false claims in its promotion, the buyer can demand to withdraw from the contract. If the promotional materials, which are considered part of the contract, fail to deliver as promised, the buyer can terminate the contract for breach of contract. If the promotion constitutes fraud, the buyer can request to revoke the contract within one year. The key is to fix the evidence su...
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