In the event of injuries during clinical trials of new drugs, the sponsor and the trial institutions shall bear legal responsibility in accordance with Article 1008 of the Civil Code. The GCP requires the sponsor to provide compensation or insurance; consent forms, study protocols, and evidence of damages must be preserved.
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If an implant breaks, patients can claim compensation from clinics and manufacturers based on medical damage or product liability under the Civil Code. To do this, they must preserve the medical records and the broken implant, and apply for an appraisal to distinguish between operational errors and product defects.
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If the infusion device is unqualified and causes damage, the victim can file a claim for product liability according to Article 41 of the Product Quality Law and the Civil Code. To protect their rights, they need to seal the physical product, apply for product inspection and medical damage appraisal, and clarify the defect and causality.
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According to Article 56 of the Vaccine Management Law, compensation for abnormal reactions to vaccines shall be claimed after investigation and diagnosis and appraisal. Vaccines in the immunization program are funded by the government, while those outside the immunization program are borne by the holders of marketing authorizations. Evidence of vaccination and harm must be preserved.
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If a patient is harmed due to defects in medical drugs or devices during treatment, they can request compensation from the medical institution or the manufacturer. It is recommended to first seal the medical records to collect evidence of the product, and then choose the appropriate party to assert their rights.
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If the standard contract for the handover of second-hand houses does not specify the handover standards, the seller shall still deliver the house in accordance with the statutory and agreed standards; the buyer may refuse to accept the house that does not meet the standards and raise objections in writing, and if necessary, entrust a lawyer to protect their rights.
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If the home appliances in a second-hand house are removed after the handover, the buyer can claim breach of contract compensation or deduct the purchase price based on the contract and the inventory list. It is recommended to check the inventory list and record it on video before accepting the house, and raise objections in writing in a timely manner if anything is missing to protect one's rights.
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If the original owner of the second-hand house refuses to hand over the house, the buyer can claim continued delivery and pay the overdue breach of contract penalty according to the contract; if no agreement can be reached through negotiation, the buyer can file a lawsuit. The key points are the provisions on the delivery of the house and the breach of contract in the contract, as well as the writ...
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If the foreclosed property cannot be vacated, the buyer can apply to the court for forced eviction based on the transaction ruling; the original occupants who refuse to move out will be held legally responsible. If there are false leases, it is recommended to verify the occupancy and the delivery terms announced before taking possession of the property to raise objections to the execution.
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For the taxes and fees of foreclosed properties, please refer to the announcement. The tax-inclusive clause is often transferred to the buyer. If there are unpaid heating bills, the owner should claim them according to the law. Before bidding, the bidder should calculate the total cost and recover the advance payment according to the law.
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To participate in a judicial auction, you must register and pay a deposit according to the announcement, and the auction will be conducted in accordance with the rules of online judicial auctions. Before bidding, you should read the announcement, inspect the property in person, and check the ownership and encumbrances. If you withdraw from the bidding, your deposit will be confiscated.
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Mortgaged houses can be bought and sold. According to Article 406 of the Civil Code, they can be transferred during the mortgage period and the mortgagee shall be notified. In practice, it is recommended to first release the mortgage and then transfer the ownership, or to transfer the ownership with the mortgage in place, in order to prevent the misappropriation of funds through supervision of the...
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Before trading second-hand houses, you should check the ownership, mortgages, seizures, leases, and outstanding fees. According to Article 218 of the Civil Code, you can check the real estate registration information. It is recommended to retrieve the registration booklet and incorporate it into the contract before signing the agreement.
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For second-hand houses, if they have been owned for five years and are the only housing owned by the family, they can be exempt from personal income tax; the length of ownership is calculated based on the earlier of the deed tax certificate or the registration date. According to Article 4 of the Notice of the Ministry of Finance and the State Taxation Administration No. 278 [1999], the length of o...
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For second-hand housing transactions, the buyer is the legal taxpayer for the deed tax, while the seller is the legal taxpayer for personal income tax. The two parties may agree on the actual tax burden. According to the Deed Tax Law and the Personal Income Tax Law, "housing that meets the 'five-year ownership and single-property' criteria" is exempt from personal income tax.
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