The lawyer explained the path of dealing with the franchisees' breach of contract and infringement of trademarks beyond the scope and beyond the validity period, including the basis of Articles 57 and 63 of the Trademark Law and the case where the fine was reduced from 980,000 yuan to 60,000 yuan.
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The lawyer explained the division of labor between legal affairs and criminal legal consultants: criminal risks are low-frequency but high-risk, and there is a dual-penalty system for corporate crimes and leniency for compliance rectification. Enterprises should appoint criminal consultants to complement each other.
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The lawyer explained that legal advisors can help enterprises avoid risks in six categories, including contracts, labor employment, intellectual property, corporate governance, criminal compliance, and accounts receivable, and provided legal provisions as references.
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When interpreting the statute of limitations for medical malpractice lawsuits, lawyers typically state that the statute of limitations begins to run three years from the date when the patient becomes aware of the harm and the medical institution. For latent damages, the statute of limitations begins to run from the date of diagnosis, and the lawyer will also explain the key points regarding the pr...
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The lawyer explained that a new appraisal must comply with statutory circumstances such as the appraiser's lack of qualifications, serious violations of procedures, and obvious insufficient evidence. It is necessary to first file a written objection and request the appraiser to appear in court, and then decide whether to apply for a new appraisal.
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The lawyer explained that from May 1, 2022, personal injury compensation will be calculated according to the standards for urban residents, and the compensation formula for urban and rural households will be consistent. The final amount will depend on the victim's age, the proportion of liability, and the completeness of the claim items.
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The lawyer explained that the living expenses of the dependents are included in the death compensation, which is calculated based on the per capita consumption expenditure of urban residents in the previous year. For minors, the compensation is calculated until they reach the age of 18, and for those without a source of livelihood, the compensation is calculated for 20 years and decreases graduall...
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The lawyer explained that the funeral expenses are calculated based on six months of the average monthly wage of workers in the area where the court is located in the previous year, and the funeral subsidy for workers' deaths is six months of the average monthly wage of workers in the previous year in the coordinated area. The fixed amount is determined and has nothing to do with the actual receip...
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The lawyer explained that the death compensation shall be calculated based on the per capita disposable income of urban residents in the previous year for 20 years, and shall be reduced by one year for each additional year of age over 60, and shall be calculated for five years for those over 75. The close relatives may jointly claim the funeral expenses and the living expenses of the dependents.
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The lawyer explained that the disability compensation can be claimed as a lump sum, calculated based on a 20-year period and the disability coefficient. Only if the obligated party provides a guarantee will the compensation be paid in installments. The lawyer also provided advice on disability assessment and preservation of evidence.
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The lawyer explained the conditions, evidence, preservation, and process points for suing the seller to continue performance, citing Article 577 of the Civil Code, and attached an example of a contractual penalty of over 1.18 million yuan.
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The lawyer explained three paths for handling a situation where a second-hand house is sealed up before the transfer of ownership: urging the release of the seal and continuing with the transaction; terminating the contract and claiming the price difference; and excluding the execution of the judgment against third parties, including practical cases.
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The lawyer listed six core materials for litigation of confirming ownership rights in the case of buying a house under someone else's name: the agreement of buying a house under someone else's name, the certificate of investment, the possession of bills, the possession and use of the house, and the proof of purchasing qualifications and identity. The lawyer also provided tips on how to provide evi...
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The lawyer explained the remedial path after transferring the house to the children: the statutory right of revocation can be exercised within one year, and the false expression of intention can be confirmed as invalid and the registration can be restored. It also includes examples of undertaking to change the judgment.
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The lawyer explained the two paths of inheritance transfer registration and litigation, the list of required materials and the legal basis of the Civil Code, and cited two cases he handled involving buying a house under someone else's name and house swapping.
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