The unfinished building sues the developer: According to Article 563 of the Civil Code, the termination of the contract can be supported, and the approval in 2023 grants priority rights to delivery and refund; after winning the lawsuit, enforcement is the key. It is recommended to sue as soon as possible and preserve the assets.
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The unpaid mortgage does not affect inheritance: The heirs can pay off the debts within the actual value of the estate, and they can negotiate to transfer the ownership with the mortgage in place, or clear and cancel the mortgage before handling the inheritance transfer registration.
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If the seller breaches the contract and refuses to sell the house, the buyer may, in accordance with Article 587 of the Civil Code, claim a double refund of the deposit; if the deposit does not exceed 20% of the total price of the house, the excess part shall be invalid, and the buyer may also choose to require the seller to continue to perform the contract.
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There is an arbitration agreement, so the case can only be arbitrated and the arbitration decision is final. If there is no agreement, the case can go through two levels of litigation. For labor disputes, however, an exception applies: they must first go through arbitration, and the statute of limitations is one year. When signing the contract, it is necessary to clearly stipulate the dispute reso...
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Labor arbitration can be applied for by oneself or entrusted to a lawyer to represent; lawyers play a substantial role in providing evidence, calculating the amount of compensation, and responding to court hearings. The statute of limitations for arbitration is one year, so it is advisable to evaluate and make decisions as soon as possible.
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Arbitration is final and not subject to appeal, while litigation involves two instances and a final ruling; labor disputes must first go through arbitration, with a one-year statute of limitations. This article compares the scope of acceptance, procedures, and costs to help you choose the right path to protect your rights.
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Within 10 days of receiving the arbitration application, the respondent shall submit a defense statement. The arbitration shall be concluded within 45 days, which may be extended by 15 days. If the evidence held by the unit is not provided, the unit shall bear the adverse consequences. If the respondent does not agree with the arbitration award, he/she shall file a lawsuit within 15 days.
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The enterprise shall report the work-related injury within 30 days after the accident, and the uninsured benefits shall be paid in full by the unit; for disputes, it is necessary to verify and identify the facts, distinguish the payers, and negotiate according to the standards.
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Economic layoffs must comply with the statutory circumstances and fulfill the procedures of giving an explanation and making a report 30 days in advance; for illegal dismissals, the employer shall pay compensation of twice the economic compensation, and shall give a defense within 10 days after the arbitration.
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The employer shall sign a written labor contract with the employee within one month after employment, and all necessary clauses must be included in the contract. If the contract is not signed within the prescribed time limit, the employer shall pay the employee twice the normal wage for up to 11 months, and the contract shall be deemed to be a contract of indefinite duration after one year.
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Commerical contract disputes require an effective arbitration clause, and the arbitration decision is final; labor disputes apply the principle of "arbitration precedes litigation", with a one-year statute of limitations and free arbitration. These two types of procedures should not be confused with each other.
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The employee handbook cannot be used as a basis for dismissal if it has not undergone a democratic process or been made public; in the case of illegal dismissal, the employer must pay compensation equivalent to twice the economic compensation, and the worker may apply for arbitration within one year.
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For purchasers who have paid the full amount for the purpose of residence, their rights to delivery and refund shall take precedence over the project payment and mortgage rights; the minimum period for filing bankruptcy claims is 30 days, and the maximum period is 3 months.
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The collection of accounts receivable can be combined with reconciliation letters, lawyer's letters, payment orders, preservation and enforcement; pay attention to the three-year statute of limitations and the two-year enforcement statute of limitations, and the signing of the reconciliation letter can interrupt the statute of limitations.
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For those who fail to repay loans, there are four steps to recover the money: urging repayment, filing a lawsuit, applying for preservation of evidence, and enforcing the judgment. The interest exceeding four times the LPR rate is not protected, and the creditor can apply for forced execution within two years after winning the lawsuit.
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