A divorce judgment issued by a foreign court must be recognized and approved by a Chinese intermediate court before it takes effect; according to Article 1051 of the Civil Code, remarrying without such recognition may constitute bigamy and render the marriage invalid.
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For contract litigation, four types of evidence are required: contract documents, performance certificates, payment and communication records, and proof of losses. WeChat records are electronic data. Keeping the original carrier allows them to be presented and cross-examined in court.
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When lawyers handle contract disputes, they can assess the chances of winning, organize evidence, refute and offset claims in court, and defend against statutes of limitations; the burden of proof lies with the claimant, and professional representation directly affects the amount of the judgment and the recovery of funds.
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There are eight essential clauses in a consulting contract: the main team, the service list, the response time limit, the cost node, the billing for exceeding the scope, confidentiality and conflict of interest, breach of contract refund, and dispute resolution. Quantifying each item can help avoid disputes.
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When selecting a legal advisor, consider four key factors: industry experience, response efficiency, service list, and fee model. Quantify each annual service item in the contract and cover risks related to contracts, employment, intellectual property, and accounts receivable.
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The deposit is subject to the penalty of double refund, with the maximum amount being 20% of the total housing price; the booking fee is just a prepayment and is generally refundable. Before signing the contract, check the written terms carefully, keep the receipts and transfer records, and fix the evidence in time in case of disputes.
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If the contract is valid and meets the conditions for performance, the buyer may request the seller to continue to perform the contract and order the seller to assist in the transfer of ownership; if the contract cannot be performed, the buyer may terminate the contract and claim breach of contract damages or compensation for the price difference.
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There are five risks involved in buying a house under someone else's name, including the nominal person disposing of the property without authorization, being subject to seizure and enforcement, division of property in divorce and inheritance, refusal to transfer ownership, and policy changes. Therefore, it is necessary to sign a written agreement and keep evidence of investment and control.
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Overtime pay is part of labor compensation. Employees can claim it during their employment without being subject to the one-year statute of limitations, but they must file a claim within one year after leaving the company. The overtime pay is calculated at a rate of 1.5 to 3 times the normal pay, and attendance records and pay slips are the key pieces of evidence in such cases.
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During the probationary period, it is not permissible to dismiss employees at will. The termination must comply with statutory circumstances and be accompanied by a statement of reasons. If the dismissal does not comply with the hiring conditions and there is no evidence to support it, it constitutes an illegal dismissal, and the employee may claim double compensation and file for arbitration with...
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If you are dismissed, you can claim economic compensation (N) based on the nature of the termination, or double compensation (2N) for unlawful termination. You can apply for labor arbitration within one year, but you must first prepare evidence such as the labor contract, payroll records, and the termination notice.
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A company may face the consequences of having to pay back wages, overtime pay, and compensation for illegal termination (double the amount of economic compensation) in a labor arbitration case, and the arbitral award can be enforced by law. Standardizing contracts, attendance records, and termination procedures is the key to reducing the risk of losing the case.
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WeChat chat records are legally recognized as electronic data and can be used as evidence of loans. They must retain their original form, verify the identity of the other party, and ensure that the content is complete and unaltered. Combined with transfer receipts, they form a more reliable chain of evidence.
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After winning the lawsuit, if the other party refuses to repay the money, the plaintiff should apply for forced execution within two years. The court may seize and freeze the assets of the defendant, and if the defendant refuses to comply with the court's order, he/she will be added to the list of dishonest people, have his/her high-consumption behavior restricted, and may even be prosecuted for t...
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For civil loans, attorneys' fees can be charged on a per-case basis, as a percentage of the loan amount, or on a contingency basis, with the maximum contingency fee not exceeding 30% of the loan amount. If the agreement stipulates that the attorneys' fees shall be borne by the party in default, the court will generally support this arrangement. It is recommended to discuss and assess the case in p...
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