The core of the determination of personality confusion is the confusion of property. If a shareholder abuses the independent status of the legal person to evade debts and seriously damages the creditor's interests, the shareholder shall bear joint and several liability for the company's debts.
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The shareholders who withdraw their investment funds without authorization shall return the investment funds and compensate for the losses, and the assistants shall be jointly and severally liable; when the company is unable to pay off its debts, the creditors may pursue claims against the shareholders within the scope of the withdrawal of investment funds.
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The judicial protection cap for private lending interest rates is four times the one-year LPR at the time of the contract's establishment. Occasional lending between enterprises is valid, but professional lending is illegal.
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To terminate the contract, there are three paths to follow: negotiation, agreement, or legal procedures. It is crucial to leave a written record of the notice. Moreover, the right to terminate the contract is subject to a statute of limitations, and any failure to exercise this right within the prescribed timeframe will result in its loss.
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Force majeure may partially or entirely exempt a party from liability depending on the extent of its impact, provided that the party promptly notifies the other party and proves the causal relationship. Liability shall not be exempted if it occurs after the performance is delayed.
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If the penalty for breach of contract is excessively higher than the actual losses, the party concerned may request the court to reduce it. In judicial practice, the reference standard is 130% of the losses. The party claiming adjustment shall bear the burden of proof.
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The declaration of a trademark as invalid is divided into two categories: absolute grounds and relative grounds. The five-year time limit and the exception for malice are key points. After the trademark is declared invalid, it is deemed to have never existed from the outset.
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If a trademark is subject to an objection, the respondent shall provide a defense within 30 days, and organize evidence based on three aspects: non-similarity, non-confusion, and the absence of prior rights. Failure to provide a defense will result in the automatic loss of rights.
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A registered trademark may be subject to revocation if it is not used for three consecutive years. Maintaining standardized evidence of use is the key to addressing the "three-year non-use" issue. Defensive registration requires a corresponding usage strategy.
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The background music played in the live stream room constitutes commercial use, and its unauthorized use constitutes infringement; the platform's music library does not equal commercial authorization, and the compensation is related to the nature of the live stream content.
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The protection of trade secrets involves three approaches: civil claims, administrative reports, and criminal reports. The success or failure of such protection depends on three key factors: the secrecy of the information, its commercial value, and the measures taken to keep it confidential.
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If you find a foreign object in your takeout food, you can claim ten times the compensation, with a minimum of 1,000 yuan, and it's crucial to provide solid evidence. Even if you haven't suffered actual damage, you can still demand punitive damages.
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If stray cats and dogs cause injuries, the victims can claim compensation from the people who have been feeding them regularly or from property owners who have failed to fulfill their management obligations. Abandoned or escaped animals shall be held liable by their original keepers, and the responsibility shall be determined according to the management relationship.
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In principle, if a pet bites a guest, the owner should compensate them based on the principle of no-fault liability. However, if the guest acted intentionally or with gross negligence, the owner's liability may be reduced or exempted. Additionally, owners who keep dangerous dogs and cause harm must bear full responsibility for the damages.
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When a manhole cover causes injuries, the property rights unit should be investigated first—municipal roads belong to the municipal government, residential areas belong to property management companies, and dedicated lines belong to various ownership parties such as water, electricity, and telecommunications. If the ownership cannot be determined, the public managers should assume responsibility f...
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