The state compensation shall be firstly submitted to the obligated organ for compensation. Administrative compensation may be raised simultaneously in the administrative reconsideration and litigation. Criminal compensation must first be handled by the obligated organ. The statute of limitations is two years, calculated from the date when the illegal act is confirmed.
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Government information disclosure lawyers help clients apply for the disclosure of information and file lawsuits to protect their rights when their applications are rejected. According to Article 33 of the Regulations on Government Information Disclosure, authorities should respond within 20 working days, and Article 51 provides relief channels.
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An independent guarantee can be stopped by the court, but it requires proof that the beneficiary committed fraud or that the payment request is clearly unfounded. According to Article 12 of the Supreme Court's Regulations on Independent Guarantees, stopping payment is an exceptional remedy and usually requires a guarantee.
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In the future, accounts receivable can be factored, provided that they meet the requirements of specificity and reasonable predictability. According to Article 761 of the Civil Code, accounts receivable that are yet to be obtained can be transferred, the key point being that the underlying transactions must be genuine and the amounts involved must be identifiable.
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The factor collects the payment from the debtor. The debtor may refuse to pay on the grounds of defenses based on the underlying contract (such as non-delivery, quality defects), but only on the basis of the underlying relationship. The debtor may not use the unknown transfer to oppose the bona fide factor.
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Whether the penalty for breach of contract and the obligation to perform the contract can be used concurrently depends on the nature of the debt: for monetary debts, the payment of arrears can be used concurrently with the penalty for breach of contract; for non-monetary debts, if the performance is impossible, the compensation shall be resorted to, and the two cannot be simply superimposed.
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Force majeure may partially or entirely exempt a party from liability, but the legal consequences depend on the type of contract and the stage of performance: liability cannot be exempted after a delay, and the party who fails to fulfill its obligations should take remedial measures and notify the other party to provide evidence.
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After the situation changes, it's not just about terminating the contract. Firstly, the parties can renegotiate to amend the contract. If the renegotiation fails, they can request the court or arbitration institution to amend or terminate the contract. According to Article 533 of the Civil Code, the changes must be significant and not due to commercial risks.
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If there is no agreement on the place of performance, it shall be determined in accordance with Article 511 of the Civil Code: other subjects shall be performed at the place where the party performing the obligation is located, and the goods sold shall be delivered at the seller's residence. The parties may supplement the agreement or follow the trade practices. It is recommended to specify the de...
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If the performance period is not clearly defined, it shall be determined in accordance with the statutory supplementary rules: first, the parties shall supplement the agreement, then in accordance with the contract terms or transaction practices. If this is still not possible, the debtor may perform at any time, and the creditor may request performance at any time, but the debtor needs to be given...
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Both parties shall bear the losses caused by breach of contract in accordance with their respective faults and causalities; according to Article 592 of the Civil Code, each party shall be responsible for their own actions. If the other party is at fault, the compensation may be reduced. The key point is to provide evidence of the proportion of fault and the reduction of damages.
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In principle, the additional storage costs incurred by the seller for delivering the goods ahead of schedule shall be borne by the seller; according to Article 530 of the Civil Code, the additional costs incurred by early performance shall be borne by the debtor, unless the buyer agrees otherwise or it is harmless to do so.
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After the agreement on settling the debt with goods takes effect, the creditor cannot revoke it just because he is dissatisfied. However, if there are major defects in the goods used to settle the debt or the agreement can be revoked, the creditor may request to revoke, rescind or claim compensation at a reduced price.
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Whether to register a trademark in a single country or in the European Union depends on the market scope and budget. Registering in a single country offers more precise and independent protection, while registering in the European Union covers 27 countries at once, with lower official fees but higher risks. The choice should be based on the target market and the risk of rejection.
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The Madrid Protocol requires that a domestic basic trademark be obtained first, and then an international application and designation of contracting parties be submitted through the Trademark Office. According to Article 21 of the Trademark Law, each contracting party shall review the application in accordance with the law.
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