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I don't think it's a big deal, and it's better not to go through the litigation process. The best way is to directly negotiate with the village director and let others compensate, I don't think your request is too much, I think the village director should also be reasonable.
Of course, if the village chief is not reasonable, then it is not your family, and you can join the victimized families to sue in court. Because if only your family's case is indeed too small, it is estimated that the subject matter of your family's lawsuit is only about 1,000 yuan, and you can't make a fuss.
Note: If it is a road through the village, it will not be contracted by the township. Township ** generally only manages the village road, regardless of the group of roads.
The village is generally responsible for the highway through the group, and it is likely that the village director wants to contract and borrows the name of the township ** contract, maybe it is just that the village director says that the township ** contracts in the society, and in essence does not sign a contract with the township **. Therefore, if you want to sue together with the township, you must have a contract for the township to issue the contract.
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The township ** and the contractor were the defendants.
Filing a lawsuit for infringement.
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Both the township and the contractor can be defendants, either individually or together.
Article 117 of the Civil Law: Where the property of the State, the collective, or the property of others is damaged, it shall be restored to its original state or compensated at a discounted price. Where the victim suffers other major losses as a result, the offender shall also compensate for the losses.
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If the contractor's village director and the construction party do not have the corresponding construction qualifications, you can sue the contractor's township, the contractor's village director and the construction party, and require them to jointly and severally compensate your family for the economic losses suffered by the highway construction, and the applicable law is the second paragraph of Article 117 of the General Principles of the Civil Law of our country, that is, if the state, collective property or other people's property is damaged, it shall be restored to its original state or compensated at a discount.
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1.Copies are generally documentary evidence, and since they are photocopies are to prove the written content on the paper, they are said to be documentary evidence;
2.The people's court's rejection of B's claim was correct, because there was no original evidence, and the copy did not have probative effect, in fact, the other party said that the handwriting was forged, but it was a loophole, because the other party did not need to cross-examine the evidence at all, and the copy itself was not valid, 3In order to be effective, there must be supporting evidence in addition to the photocopy, such as witnesses and the like
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Civil tort, there is nothing more to protect legitimate rights and interests than Sun Yinsu, it is recommended that you sue, don't be afraid of trouble.
1. Require the infringing party to pay medical expenses, nutrition expenses, transportation expenses, lost work expenses, and all other expenses that can be imagined.
2. Due to the work-related injury, in addition to the responsible person, you can also apply for disability allowance from the unit.
3. In the process of litigation, you may apply to the court for enforcement guarantee or advance enforcement.
In addition, this kind of civil tort dispute will not take a few months. To deal with such irresponsible scoundrels, only by prosecuting can we protect our rights to the greatest extent.
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1. If the name on the real estate certificate is that of the old lady, you need to confirm whether the house can be legally transferred (you can consult the housing authority). If both, there is no legal risk in buying a property.
2. His daughter-in-law's hukou has not been moved, and my experience is that it will definitely not affect your purchase and property rights, but it may affect your settlement.
In the cases I have seen, some places are allowed to settle down, and some of the land chain sellers require the front to move out before they can settle down. The specific response of the Household Administration and Matching Division of the local police station shall prevail.
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If there is no impact, the judgment of the court shall prevail.
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When you buy a house, you only need to confirm whether the house can be transferred (whether it is a commercial house) and who is named on the title certificate.
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Yes, you can ask for it back.
However, you must have sufficient evidence to prove that the gift money and jewellery belong to you. For example, there are testimonies from introducers or witnesses who have no interest in you, and invoices and receipts for your purchase of jewelry and other items.
Without any evidence to prove it, even if the other party sues in court, it will be difficult to get it back if the other party firmly denies that the items are the engagement money and jewelry you gifted.
At this time, you can use some unconventional means, such as audio recordings and other traps to collect evidence, in which the other party will admit that the gift money and jewelry are provided by you for the engagement.
Entrapment evidence collection should be divided into good faith and malicious evidence collection, and the motive of evidence collection determines the validity of the evidence, rather than the way of evidence collection. Therefore, it is important to be careful when using this method and consult with a professional lawyer (it is best to consult with a professional lawyer at a law firm).
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Hello, the bride price money can be returned as long as it is not before the marriage.
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1. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).
Article 10: "Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1) The parties have not gone through the marriage registration formalities;
2) The parties have gone through marriage registration formalities but do not live together;
Your situation basically meets the above legal provisions, gifts and jewelry should be able to be returned according to the law, 2, write a complaint, go to the county court to file a lawsuit, and request the return of the property.
3. On-site matchmakers, ** recordings, access records printed by the bank, hand-worn invoices, copy sales records, etc. can be presented to the court as evidence, and the other party can be required to provide the original.
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I just saw it, I'm sorry. The answer is as follows: According to the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" -- Article 10 Where a party requests the return of the bride price paid in accordance with custom, if it is ascertained that the following circumstances apply, the people's court shall support it:
1) The parties have not gone through the marriage registration formalities; 2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. To be sure, as long as you don't have a marriage grade, you can ask for a return.
Nowadays, if there is no physical evidence (documentary evidence), it is okay to have witnesses. But like you said, any relative or matchmaker is considered a witness testimony and has to appear in court. Records of withdrawals can be found at the bank.
There is a lawyer who can help. If this is not possible, you can ask the court to collect evidence. No problem.
The evidence of the engagement, the withdrawal record, and the witnesses who paid the money can basically form a chain of evidence, which can be determined by the general court.
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Prosecute, find witnesses.
Find a lawyer for consultation, there is a free consultation.
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For this question, please refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).
Article 10: "Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1) The parties have not gone through the marriage registration formalities;
2) The parties have gone through marriage registration formalities but do not live together;
(3) Payments made before marriage and causing hardship to the payor.
The provisions of items (2) and (3) of the preceding paragraph shall be applied on the condition of the divorce of both parties".
Although you are engaged, but you do not go through the marriage registration formalities in the end, in the case of the first paragraph of the above provisions, the wedding money and hand ornaments shall be returned to the woman's family. Otherwise, you can settle the matter by filing a lawsuit with the people's court.
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According to the relevant judicial interpretations, the civil "bride price" for the purpose of concluding a marriage can be returned if the marriage is not consummated. But the premise is that you have to have evidence to prove that you paid these goods in the name of the bride price, if the other party denies it and there is no other evidence, it is more difficult to do.
If there is no evidence, you can negotiate with the woman, and it is best to secretly record during the negotiation and ask them to return the above property, if the other party agrees with these property, plus the testimony of some witnesses, then the lawsuit can be fought.
In addition, you should insist that this is a property payment for the purpose of marriage, which is different from ordinary gifts, and is a conditional (conditional marriage) gift, so the marriage cannot be completed, so you advocate for return.
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According to the judicial interpretation, if one of the following three conditions is met, the bride price may be returned, and the people's court will support it: 1. The parties have not gone through the marriage registration formalities 2. The parties have gone through the registration formalities but have not lived together 3. The article that has been paid before marriage and caused the payer to have difficulties in life shall be conditional on the divorce of both parties). In your case, if the marriage registration formalities are not completed, there is no problem in returning the bride price, and the court should support it.
For details, see Article 10 of the 2003 Judicial Interpretation (II) of the Supreme People's Court).
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If you don't get married, you can get it back, and if you can't negotiate it, you can sue the court.
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If the gift money and jewelry are given voluntarily by the man, it is not too easy to ask for it if the woman does not ask for it. However, if the man is not voluntary, he will be interviewed at the request of the woman. If the woman first proposes that they cannot be together, she can have the right to get it back. It is also inconvenient for the man to think normally.
1. Wedding gift: refers to a certain amount of property or gift money given by the man to the woman when she is about to get married, commonly known as giving a big gift, which is relatively common in rural areas of China and has formed a custom. As to whether the gift money can be returned, the judicial interpretation makes it clear that there are three circumstances in which a return can be requested:
(1) The parties have not gone through the marriage registration formalities; Second, although they have gone through the marriage registration formalities, they do not live together; Third:
The gift money is paid before marriage, and the act of giving it causes hardship to the giver. In the latter two cases, the divorce of both parties shall be a condition. 2. If there is no special agreement between the parties, the property acquired during the existence of the marital relationship shall be the joint property of the husband and wife, and shall be divided equally in the event of divorce.
3. In the case of divorce, if there is no special agreement between you, the woman has the right to enjoy the property created jointly by your husband and wife, you can agree on your property, and agree that the income during the existence of the marriage relationship shall be owned by each other, and it shall be fixed in the form of written documents, and it is best to notarize it.
Hope it solves the problem in your heart!
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After the commencement of the inheritance, not all legal heirs can participate in the inheritance at the same time, but according to the law, there is a first and a last.
Article 10 of the Inheritance Law The legal estate shall be inherited in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. No.
If the first-order heir inherits, the second-order heir inherits.
Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.
After the inheritance begins, the first-order heirs inherit, and the second-order heirs are not allowed to inherit. If there is no first-order heir, the second-order heir shall inherit.
According to the provisions of the Inheritance Law, a widowed daughter-in-law may be the first-order heir if she has fulfilled the main maintenance obligation to her parents-in-law and the widowed son-in-law to her father-in-law and mother-in-law.
Your friend's mother, as the spouse of the deceased, and the deceased's parents are jointly the legal first-order heirs, and the deceased had no children and did not make a will, so the legal estate should be inherited jointly by your friend's mother and the deceased's parents, generally in equal amounts (half for spouse and half for parents). That is, the ownership of the estate obtained by your friend's mother is owned by your friend's mother, and no one else has the right to dispose of this part of the estate (including your friend's brother) without the consent of the person concerned.
As for your friend, if you want to inherit this part of the estate, you can only wait until your friend's mother dies and inherit it in the order of legal succession (except for those who have a will, except for those who give him a guess spine).
I hope you find mine satisfying.
Addendum: From a legal point of view, the 110,000 medical malpractice death compensation you mentioned cannot be counted as an inheritance, and can only be obtained by the close relatives of the deceased, that is, by the spouse, children, and parents of the deceased. In this case, because the deceased had no children and your friend who rented the town cannot be counted as the deceased's children, the 110,000 yuan was distributed by the deceased's spouse, that is, your friend's mother and the deceased's parents.
In general, your friend and your friend's siblings have nothing to do with the $110,000 compensation and have no right to dispose of the $110,000.
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One half of the mother's personal property cannot be divided as an inheritance, and the remaining half is divided equally among the heirs in the first order of law.
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Your friend's mother has half of the rights at her disposal, and it is not reproachful that your friend's eldest brother is closed and has lent 110,000 yuan of medical companionship to her mother's second-married husband and children to do business without notifying your friend.
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1. Immediately apply for property preservation by the court and seize your mobile phone to the court;
2. Write a complaint (no more than 15 days) immediately after the application, sue the person who uses the mobile phone, and ask him to return the mobile phone, compensate for the phone bills, and bear the property preservation fees and litigation costs.
Attachment: Civil Procedure Law of the People's Republic of China
Article 93: Where due to the urgency of the situation, an interested party does not immediately apply for property preservation that would cause irreparable harm to their lawful rights and interests, they may apply to the people's court to employ property preservation measures before initiating litigation. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected.
After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ property preservation measures, enforcement shall begin immediately.
Where the applicant does not initiate litigation within 15 days after the people's court takes preservation measures, the people's court shall lift the property preservation.
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