The validity of a will made by a person with dementia shall be determined based on whether they can recognize the consequences of their actions at the time of making the will; Article 1143 of the Civil Code stipulates that a will made by a person with no or limited capacity for civil conduct is invalid, and the party claiming the invalidity shall bear the burden of proof.
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Several wills conflict with each other. According to Article 1142 of the Civil Code, the last valid will shall prevail, and notarized wills shall no longer have priority. The court will first review the formal validity of the wills and then determine their priority. Disputes must be litigated within three years.
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According to Article 1142 of the Civil Code, the testator may revoke or modify the will at any time, and the content of the will is not fixed. Among several wills, the latest one shall prevail, and the will written and printed by others must be witnessed by two witnesses.
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According to Articles 1127 and 1130 of the Civil Code, heirs who fulfill their main duty of support or live together with the decedent may receive a larger share of the inheritance; the statute of limitations for inheritance disputes is three years, and evidence should be fixed as early as possible.
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According to Article 1064 of the Civil Code, gambling debts are not incurred for daily family life, and the creditor must provide evidence that the debts are used for common living expenses. Interpretation (I) Article 34 clearly states that illegal debts will not be supported.
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The fees charged by divorce lawyers are based on a per-case basis, a percentage of the litigation amount, or an hourly rate. Risk-based representation is prohibited in marital cases. The court litigation fees range from 50 to 300 yuan per case, and a written contract will be signed after a consultation and assessment.
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The five criteria for selecting a marital and family lawyer are: professional qualifications, experience in similar cases, quality of solutions, transparent fees, and effective communication; the first-instance ordinary procedure is generally concluded within six months.
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The rights and interests of children shall be protected in accordance with the principle of maximizing the interests of minors; the alimony shall be set at 20% to 30% of the monthly income, and the amount may be increased through litigation as needed; and visitation rights and alimony payments shall be independent of each other.
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The five steps of premarital property planning are: inventory assets, clarify boundaries, sign a written agreement, notarize the transfer of ownership, and maintain separate accounts after marriage. Articles 1063 and 1065 of the Civil Code serve as the core legal basis for this process.
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The fees for divorce lawyers are determined through negotiation; the acceptance fee is 50 to 300 yuan per case, and the portion of the property exceeding 200,000 yuan is subject to an additional 0.5% fee; risk-based representation is prohibited in marital cases, and the fees should be agreed upon in writing.
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Henglue Yinhang, a lawyer, represented a case of online incitement to suicide, and according to Article 1169 of the Civil Code, he identified it as joint infringement. He helped the family members to hold the instigators and the platform sellers accountable and obtain compensation.
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Civil tort compensation includes medical expenses, loss of income, nursing care expenses, and compensation for disability or death. Personal injury is calculated according to the standards of the court where the case is filed, and property losses are calculated based on market prices.
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For illegal forced demolitions, the compensation shall be limited to the direct losses in accordance with the State Compensation Law, including the value of the house, interior items, relocation costs, and losses from production and business suspension, which can be evaluated or determined through market comparisons.
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The criminal risk check can identify potential criminal risks for controlling shareholders and senior management, ensuring that the company meets the requirement of no major criminal violations in the past three years during the listing review, and reducing the risks of being rejected or of fraudulent issuance.
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For pre-marital stock funds actively managed and operated after marriage, except for the interest and natural appreciation, they are generally recognized as marital joint property. The division of such assets in the event of divorce shall be handled in accordance with the provisions of the Civil Code and the Interpretation of the Marriage and Family Chapter.
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