The lawyer outlines three transfer paths and the required materials for inheriting real estate, explaining that legal inheritance is exempt from deed tax, and disputes should be resolved through litigation for title confirmation. He also provides a case study on excluding inherited properties registered under others' names from inheritance proceedings.
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The lawyer explained that the contract for the jointly-owned house sold by one of the co-owners without authorization is generally valid, but it may not be possible to transfer the ownership. The three requirements for bona fide acquisition determine the ownership of the house. Attached is a case where the second-instance court reversed the judgment and ordered the return of the house.
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The lawyer explained that when the work location and the registered address are inconsistent, both arbitration commissions in the two locations have jurisdiction, and the applications in the two locations are governed by the place of performance. The lawyer also pointed out practical key points such as enforcing the standards of the place of performance.
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The lawyer explained the remedial path after the expiration of the arbitration statute of limitations: if the statute of limitations defense is not actively applied, the special rules of interruption and suspension and arrears in wages during employment can be recovered. The lawyer also handled a case involving economic compensation of more than 290,000 yuan.
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The lawyer explained that the statute of limitations for labor dispute arbitration is one year, starting from the date when the worker knows or should have known that his rights have been infringed. For wage arrears disputes, there are no time restrictions when the worker is still employed, but the disputes must be raised within one year after the worker leaves the job. The lawyer also explained t...
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The lawyer explained the claim path for injuries sustained by unpaid helpers, where the responsibility lies with the person being helped, the principle of offsetting faults, and claims against third parties. He also distinguished between three compensation channels: helpers, hired workers, and work-related injuries.
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The lawyer explained that shareholders and employees can coexist, but there must be a genuine labor relationship. The key factors to consider are personal dependency and economic subordination. The lawyer also provided guidance on distinguishing between wages and dividends and emphasized the importance of compliance with relevant regulations.
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The lawyer explained that part-time work by students on campus is not considered employment, and internships generally do not establish labor relations. Based on the case involving an 84,781.61 yuan wage difference, the lawyer explained the burden of proof for the employer-employee relationship.
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The lawyer explained that migrant workers and contractors generally have a labor relationship. When the contract is illegally subcontracted, the contracting unit shall bear the responsibility of the employer and the responsibility for work-related injury insurance. The general contractor shall pay off the arrears in wages first.
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The lawyer explained that the distinction criterion between a general labor relationship and an employee-based domestic service relationship is whether the family hires a nanny as an employee, and the compensation path for the nanny's injury is based on the principle of fault sharing in the Civil Code.
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The lawyer clarified the nature of the apprenticeship relationship: if there is paid labor under the management of the unit, it constitutes a labor relationship and can be recognized as a work-related injury; if it is individual skill transfer, it belongs to labor services and the liability shall be shared according to fault, with a one-year time limit for work-related injury identification.
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The lawyer explained three ways to inquire about properties in other provinces: checking the national online database through the court's network, retrieving the basic files with a lawyer's investigation order, and allowing interested parties to inquire according to the law. After verification, the properties can be auctioned across provinces.
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The lawyer explained the legal consequences of giving gifts to spouses to evade debts: According to Article 538 of the Civil Code, the gift can be challenged for revocation. During the one-year revocation period, the enforcement of the debt can be resumed after the revocation, and the debtor can be held liable for refusing to perform the obligation.
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The lawyer explained three ways to recover transferred property: exercising the right of revocation within one year, filing a lawsuit for the invalidity of the act, and holding those who refuse to execute the judgment accountable. The explanation is based on Article 538 of the Civil Code and Article 313 of the Criminal Law.
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The lawyer explained that there are three paths for the enforcement of overseas assets: applying for recognition and enforcement in accordance with treaties or reciprocity; arbitral awards can be applied for in more than 170 countries in accordance with the New York Convention; and mutual recognition of Hong Kong judgments will be implemented in 2024.
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