During the marriage, the provident fund and basic pension actually obtained shall be divided as the couple's joint property in accordance with Article 1062 of the Civil Code and Article 25 of the Interpretation (I) of the Marriage and Family Chapter; the unobtained portion shall be claimed separately.
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The hourly fee for legal consultations is usually between 300 yuan and 2,000 yuan, while the 12348 hotline is free of charge. According to Article 11 of the "Measures for the Administration of Lawyers' Service Fees", risk-based fees are prohibited in cases such as marriage and inheritance.
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The divorce lawsuit is based on three lines of evidence: emotional breakdown, property, and child support. According to Article 67 of the Civil Procedure Law, the party who makes the claim is responsible for providing the evidence. The filing fee is 50 to 300 yuan per case, and the simple procedure shall be concluded within three months.
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Foreigners working in China shall participate in social insurance in accordance with Article 97 of the Social Insurance Law. Employers shall register them within 30 days from the date they obtain their employment certificates; those who fail to do so within the time limit shall be subject to a fine of 0.05% of the unpaid amount per day.
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The personal annual facilitation quota of 50,000 US dollars shall not be used for capital projects such as purchasing real estate abroad. Violating the foreign exchange control regulations may result in a fine of no more than 30% of the amount of foreign exchange evaded, and the penalty will be higher in serious cases, in accordance with Article 39 of the "Regulations on Foreign Exchange Managemen...
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According to Article 41 of the Law on the Application of Laws to Foreign-related Civil Relations, Hong Kong insurance policies shall be governed by Hong Kong law as agreed; the mainland insurance law shall not be directly applicable. Claims disputes shall be resolved in Hong Kong, and the insured shall personally go to Hong Kong and provide truthful information when applying for insurance.
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After being sued, the enterprise shall submit a defense statement within 15 days, check the time limit and sort out the evidence in accordance with Article 128 of the Civil Procedure Law; failure to appear will result in a default judgment, and if the account is preserved, the enterprise may apply for its release by providing a guarantee in accordance with Article 103.
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For minor and straightforward disputes, you can file a lawsuit on your own. However, if the case involves large amounts or complex procedures, it is recommended to hire a lawyer. According to Article 61 of the Civil Procedure Law, you can appoint one to two agents. If you are financially struggling, you can apply for assistance in accordance with Article 31 of the Legal Aid Law.
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Lawsuits and major contracts should be entrusted to practicing lawyers: According to Article 25 of the Lawyers Law, law firms shall accept cases and sign written contracts in a unified manner. Article 13 prohibits unlicensed persons from practicing law in the name of lawyers, and it is difficult to hold legal service companies accountable for their mistakes.
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If the buyer fails to make the payment within a reasonable period of time after the seller's reminder (commonly 15-30 days in practice), the seller may terminate the contract and claim compensation in accordance with Article 563 of the Civil Code. The written reminder letter is a crucial piece of evidence in this case.
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Before signing the contract, lawyers can review the other party's qualifications, delete invalid clauses, and improve the liability for breach of contract. According to Articles 153 and 577 of the Civil Code, risks can be prevented before the contract is signed, and the review fee is much lower than the cost of litigation.
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Even if there is no agreement on the breach of contract penalty, the party concerned can still claim actual losses and LPR interest according to Articles 577 and 584 of the Civil Code; the amount of the outstanding debt in the sale and purchase transaction can be increased by 30% to 50%; if the agreed penalty is too high and causes losses exceeding 30%, the party concerned can request a reduction ...
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There's still a chance to salvage a contract that's gone wrong: sending a letter to interrupt the statute of limitations, supplementing and signing a reconciliation agreement, and adopting a combination of mediation, preservation of evidence, and litigation execution strategies. The statute of limitations for litigation is three years, and delaying it means taking risks. In the labor fee case, the...
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The review focuses on eight types of clauses: subject, quality, price, performance, acceptance, liability for breach of contract, dispute resolution, and guarantee. Three pre-locking clauses regarding payment, acceptance, and breach of contract can help avoid losses such as difficulty in recovering investment funds and the invalidation of contracts.
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For occasional disputes, we appoint special lawyers on a case-by-case basis. For large-scale contracts, we select long-term consultants to implement unified prevention and control measures. Lawyer's fees must be collected in a unified manner through written authorizations. For franchising-related disputes, we assign corresponding lawyers, and it is possible to recover security deposits, payment am...
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