It is still useful to conduct medical accident appraisals and medical damage appraisals concurrently. The former is organized by the Medical Association in accordance with regulations, while the latter is used in civil compensation litigation. The two appraisals serve different purposes and can be used as needed.
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The crime of medical malpractice is a criminal offense stipulated in the Criminal Law, while the liability for medical damages is a civil compensation stipulated in the Civil Code. The two are fundamentally different in terms of their nature, subjects, evidence collection, and consequences.
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The amount of compensation for medical damages is determined by multiplying the liability ratio by the actual losses. It is recommended to first conduct a medical damage appraisal to clarify the degree of fault involvement, and then calculate the claimed losses item by item.
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After receiving the house, the developer has been delaying the issuance of the property ownership certificate. According to Article 14 of the Civil Code and the Judicial Interpretation on the Sale of Commercial Housing, the buyer can claim the breach-of-contract penalty for the delay in issuing the certificate, and the contract can be terminated in case of serious delay.
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The developer failed to deliver the house with a valid property ownership certificate, which constitutes a flaw in the property rights registration. Although the owners can move in, they currently have difficulties obtaining individual ownership certificates. They can claim breach of contract liability for the delay in obtaining the certificate in accordance with the Civil Code.
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When purchasing a pre-sale property, it is necessary to verify the developer's five certificates and main qualifications. Pre-sales are not allowed without a pre-sale license. It is recommended to verify the corresponding status of the building and the mortgage foreclosure status on the official website of the housing and urban-rural development department.
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When buying a house, if the developer fails to honor the promise of providing a free property management fee, the buyer can claim breach of contract liability based on the written or electronic promise in accordance with the Civil Code. It is important to note the three-year statute of limitations and the need to preserve evidence.
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If the non-right protection commitment signed by the developer exempts its liability, excludes the main rights of the purchaser, or is illegal, it may be invalid according to the rules on standard clauses in the Civil Code; the purchaser can still claim statutory rights.
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If the housing provident fund loan amount is insufficient, you can apply for a combination loan of housing provident fund and commercial loan to make up for the shortage. However, you must meet the approval requirements for both sides and the interest rate will be implemented in stages. It is recommended to first obtain dual approval and then sign the contract.
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The interest rate increase on the mortgage loan is generally borne by the borrower himself, as the loan contract is a contract of relative rights and obligations. If the loan is delayed due to the seller's default, the buyer can claim breach of contract compensation according to the sales contract.
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Whether the interruption of social insurance payments affects the eligibility to purchase a house depends on the local policy on the continuous payment period. The interruption of payments may result in the recalculation of the payment period. It is recommended to first verify the eligibility status. If there are obstacles in the contract signing process, the buyer can claim to terminate the contr...
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Once the "fake divorce" for purchasing a house is registered, it will immediately produce real legal consequences. The property division agreement is binding, and remarriage will not automatically restore joint ownership. Avoiding the purchase restrictions may also result in the disqualification of eligibility, so it is recommended to exercise caution.
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The eligibility to purchase a house is determined by the purchase restriction policies. So-called "assistance services" often involve illegal methods such as fake divorces and fabricated social insurance records. Such contracts are invalid and subject to penalties. Please do not trust them easily.
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The land use term starts from the date when the developer obtains the land, and the maximum term for residential properties is 70 years. The shorter term for new houses is mostly due to the early transfer of the land rights. The remaining term equals the maximum term minus the used term, and this should be specified in the contract.
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Business insurance cannot replace social insurance. It is a legal obligation for employers to pay social insurance for their employees. Commercial insurance is merely a supplement and cannot exempt employers from their legal responsibilities to provide workers' compensation and medical care benefits.
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