The assignment and guarantee agreement is valid as a principle of guarantee arrangement, but the provisions of pledging and hypothecation that stipulate that the creditor shall own the pledged assets if the debtor fails to repay the loan on time are invalid, and the creditor can only receive priority repayment in accordance with the law.
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If the debtor sells the retained goods without authorization, the right of retention will be extinguished due to the loss of possession, but the creditor can claim compensation from the debtor for the losses and assert priority repayment of the sale proceeds.
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If the movable property mortgage is not registered, the mortgage right shall be established upon the effectiveness of the contract, but it shall not be enforceable against bona fide third parties; and the buyer who has paid a reasonable price in the normal course of business shall not be subject to recourse.
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The pledged equity is frozen by the court, and the pledgee's right of priority repayment is not extinguished, but it must be disposed of through the execution procedure; the pledgee shall declare his/her creditor's rights and claim priority repayment to avoid being repaid privately or losing the right to distribution.
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The scope of the floating mortgage property shall be determined based on the production equipment, raw materials, semi-finished products, and products of the enterprise at the time the mortgage property is determined. It shall be determined in accordance with the Civil Code when the statutory circumstances arise, and it shall not be enforceable against bona fide third parties without registration.
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The mortgage right can be realized through agreement on discount, auction, or sale. If no agreement can be reached, the special procedure for realizing the security right or litigation can be initiated, and the court will auction or sell the secured property according to law.
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After the mortgaged house is confirmed through litigation or the process of realizing the right of security, the court shall seal it up, appraise it, and auction it off in accordance with the law, and ensure that the person subject to enforcement and his/her family members have the necessary living quarters. The specific provisions shall be subject to the currently effective laws and regulations.
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In the bankruptcy liquidation process, shareholders only need to make up for their contributions under statutory circumstances such as not having fully fulfilled their obligations to contribute. According to Article 35 of the Enterprise Bankruptcy Law, there is no time limit for this; those who have already paid in full or whose failure to pay is due to unjustifiable reasons do not need to make up...
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The village committee has no right to withhold the land expropriation compensation funds without authorization; the land compensation fees belong to the collective, and the resettlement assistance fees belong to the resettled people. In the event of withholding, they can apply for administrative reconsideration or litigation, and apply for open village affairs to protect their rights.
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You can check the selection of institutions, the method of evaluating at a specific point in time, the determination of the nature of the area, the comparison of market prices, and the right to review the evaluation results by reviewing the evaluation report. If you are not satisfied with the evaluation results, you can request a review or appraisal.
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It is common for the procedure of confiscation decision to be illegal: confiscating without approval, violating the integration of housing and land, issuing the announcement and the plan on the same day, citing outdated documents, and failing to include social insurance, etc. Such decisions can be revoked or confirmed as illegal.
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The old houses listed as cultural protection objects should still be fairly compensated. For the relocation and demolition for public interests, approval and compensation must be obtained in accordance with the law. It is recommended to first verify the legality of the identification and expropriation decisions.
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The hearing on expropriation is a pre-participation consultation procedure, and administrative reconsideration is a post-remedy applied for within 60 days. The two are not mutually exclusive, and people can claim their rights in succession.
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If you disagree with the punishment for illegal construction, you can request a reconsideration within 60 days or file a lawsuit within six months. If the facts are unclear or the procedures are illegal, the punishment can be revoked. It is recommended to first verify the legality before protecting your rights.
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It is confirmed that confirming that the forced demolition is illegal is not a prerequisite or mandatory procedure for state compensation; compensation can be requested together with the review or litigation, or compensation can be applied for from the obligated compensation authority first.
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