It is feasible and necessary to seek professional marital and family legal advice before divorce: it can help sort out the issues of emotions, property, and child arrangements, clarify the path of litigation or mediation, and plan evidence collection and statute of limitations in advance.
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Free online consultations provide preliminary summaries and answers to questions, but do not establish a legal representation relationship or issue written opinions. Paid consultations, on the other hand, are provided by lawyers who offer targeted analysis and written opinions, and are bound by confidentiality and diligence obligations. For complex cases, it is recommended to seek paid legal repre...
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After being wrongly sentenced to prison, one can apply for compensation from the compensation-liable organ in accordance with the State Compensation Law, which includes compensation for personal freedom and compensation for mental distress. The prerequisite are that the original wrongful conviction has been revoked or the sentence has been changed to acquittal, and the application must be made wit...
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When a real estate project is left unfinished, owners can elect representatives to claim breach of contract liability for delayed delivery in accordance with the Civil Code, pay attention to the supervision of pre-sale funds and the order of rights, and safeguard their rights through collective consultation, administrative complaints, litigation or arbitration. It is advisable to fix the evidence ...
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The legal nature of financial leasing and installment sales is different: in financial leasing, the lessor retains ownership and the lessee pays the rent; in installment sales, it is a sales relationship where the price is paid in installments. This distinction affects the liability for breach of contract and remedies.
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If the bond credit guarantor fails to perform his obligations, the creditor may require him to assume the guarantee liability in accordance with the Civil Code. It is necessary to distinguish the nature of the guarantee, confirm the conditions for compensation, and assert claims within the guarantee period and the statute of limitations. If necessary, litigation or arbitration may be initiated.
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Generally, the extension of a bond is approved by a majority vote at a bondholders' meeting and is binding on all bondholders. However, reducing rights or amending core provisions often requires a higher special resolution. Minority bondholders may pay attention to the legality of the procedure and the avenues for remedies.
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When a manager borrows money in the name of the company, it constitutes either an agency by virtue of position or an apparent agency, and if the funds are deposited into the company's account, the company is usually obligated to repay them. However, if the funds are misappropriated by the individual or the counterparty acts maliciously, the company may raise a defense. In the case of a sole propri...
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When the legal representative signs a contract beyond his/her authority, the contract concluded in good faith by the counterparty shall be effective against the company; if the company can prove that the counterparty knew of the over-authorization or collusion in bad faith, the company may raise objections against it. The company shall improve the management of authorization and stamping, and prov...
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Signing on a blank contract usually implies authorizing the other party to fill in the blanks. The signatory is responsible for the content filled in and it is generally valid. If it can be proven that there was fraud, coercion, or malicious collusion, the signatory can claim that the terms or contract are invalid, and the risk is extremely high, so it is not advisable to sign such a contract.
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After placing an order and making a payment in an e-commerce platform, the contract is usually established. The merchant cannot unilaterally renege on operational risks such as mispricing or insufficient inventory. If the payment has been made, the buyer can claim for continued performance or refund and compensation. Unreasonable standard contract terms may be invalidated.
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The bid deposit will be confiscated in the event of withdrawal of the bid, refusal to sign the contract after winning the bid, refusal to pay the performance bond, bid-rigging, and fraudulent activities. According to the Bidding and Tendering Law, the bid-winning party may not be refunded if they refuse to sign the contract, and the amount involved shall not exceed the statutory upper limit.
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The principle of commercial advertising is an invitation to make an offer, which does not necessarily constitute the content of the contract. However, if the advertisements for commodity houses and other products specify and determine specific details and have a significant impact on the contract price, they shall be deemed as the content of the contract according to law, and if the delivered good...
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If the offeree makes substantive changes to the eight core clauses, including the subject matter, price, performance, breach of contract, and jurisdiction, it shall not be deemed as an acceptance, but rather a new offer. In this case, the contract will only be established after the other party has given a new commitment to the offer.
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After the expiration of the commitment period, the reply generally does not constitute a valid commitment, and the contract is not established. According to the Civil Code, a late commitment is considered a new offer. If the offeror does not deny the late commitment in a timely manner, it is deemed valid. The key point is to confirm it in writing in a timely manner.
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